RFP Spatula GNA USFS Stewardship Agreement Final.pdf

Request for Proposals #RFP-2025-052-AT

CSFS Spatula Stewardship Project USFS Good Neighbor Authority

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Table of Contents I. Background

A. Colorado State University System Background

B. Colorado State University Background

C. Colorado State University Pueblo Background

II. Scope and Statement of Needs

A. Introduction

B. Stewardship Project Location/Access

C. Administration of Project

D. Subcontracting

E. Contract and Operations Period

F. Plan of Operations

G. Volume Determination and Product Ownership

H. Product Designation

I. Utilization Standards

J. Product Pricing

K. Stewardship Units Overview and Prescriptions

L. Volume Determination

M. Load Identification and Log Accountability

N. Federal Timber Export Restrictions

O. Payment Terms

P. Performance Standards

Q. Threatened & Endangered Species Considerations

R. USFS NEPA Requirements

S. Damage Penalty

T. Law Compliance

U. Fire Liability Requirements

V. Dispute Resolution

W. Contract Termination

X. Modifications

Y. Binding on Heirs

III. Information Required from Respondents

A. Cover Letter

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B. Technical Proposal

C. Relevant Past Performance

D. Cost and Information Page

E. Price

F. Project Timelines

G. Accessibility of Information Communication Technology

F. Additional Information

G. Exceptions to the RFP Terms and Conditions

H. Authorized Agent

IV. Administrative Information

A. Issuing Office

B. Purpose

C. Definitions

D. Scope

E. Schedule of Activities

F. Request for Proposal - Respond and Responsibilities of Offerors

G. Inquiries

H. Addendum or Supplement to Request for Proposal

I. Proposal Submission

J. Confidentiality

K. News Releases

L. Response Material Ownership

M. Incurring Costs

N. Acceptance of Proposal Content

O. Acceptance Time

P. Additional Data

Q. Evaluation and Award

R. Standard Contract

S. Exceptions

T. F.O.B. Point

U. Specification Requirement

V. Payment Terms

W. RFP Opening

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X. Term

Y. Resident Bidders

Z. Oral Presentations/Site Visits

AA. Selection of Proposal

BB. Award of Contract

CC. Cooperative Purchasing

DD. RFP Cancellation

EE. Insurance

FF. Accessibility of Information Communication Technology

Appendix A: Project Area Maps (5 Total)

Appendix B: Plan of Operations

Appendix C: Cost and Information Page

Appendix D: Site Visit Information

Appendix E: Signature Page

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I. Background

A. Colorado State University System Background The CSU System is comprised of three campuses with very distinct roles and missions, CSU-

Fort Collins, CSU‐Pueblo and CSU-Global Campus. The CSU campuses serve the state, region, country, and world, educating nearly 60,000 students annually. Highly skilled graduates number almost 9,000 per year, and more than 250,000 alumni live around the globe.

B. Colorado State University Background Colorado State University in Fort Collins, the System’s flagship institution, is a doctoral-granting research university with a student body of more than 33,000, with one out of four students being first-generation scholars. As the state’s only land-grant institution, CSU has been serving Colorado since 1870. Our world-class research in infectious disease, atmospheric science, clean energy technologies, environmental science, and biomedical technology attracts more than $350 million in research funding annually. Our professional programs in veterinary medicine, occupational therapy, journalism, agriculture and construction management are ranked among the nation’s best.

Colorado State is the “university of choice” for Colorado residents; 30% of all of Colorado’s science, math, engineering and technology majors pursue degrees at CSU.

CSU’s purpose is to ensure students can realize their dreams and impact the world through access to innovative and relevant academic programming, an incomparable student experience, extraordinary faculty and staff, research and new knowledge discovery to solve global challenges, and state-of-the-art working and learning environments.

C. Colorado State University Pueblo Background Colorado State University-Pueblo is a regional, comprehensive, federally designated

Hispanic-Serving Institution, serving approximately 4,000 students – 47 percent of whom identify as a minority, including more than 25 percent Hispanic, and 31 percent first-generation. Diverse, intimate, and supportive, the Pueblo campus serves the Southern

Colorado area offering both undergraduate and graduate degrees in business, education, engineering, nursing, and the humanities. CSU-Pueblo delivers unique programs in mechatronics, railroad engineering, and automotive industry management.

II. Scope and Statement of Needs

A. Introduction The Spatula Integrated Resource Stewardship Contract (IRSC) will cut, skid, and deck included timber, remove previously harvested and decked material, and decommission

USFS temporary roads (Garb temp roads). The Colorado State Forest Service will administer the contract via the Good Neighbor Authority (GNA).

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Mandatory work includes:

1. Cut and remove included timber

Optional work includes:

The Contractor may, at their discretion, elect to perform optional work by entering associated costs into the provided Cost and Information Page (Exhibit C). This optional work is subject to funding availability and the agreement and approval of the Contract Administrator.

2. Cut and Slash Non-Saw Timber (Units 107-112)

3. Cut, Sid, Deck and Slash (Units 101-106)

4. Decommission USFS Garb temporary roads

The Spatula Stewardship GNA IRSC is part of the Lone Pine Environmental Assessment

(EA) Project located in the Dolores Ranger District of the San Juan National Forest, Colorado. Land management objectives for the project area are summarized as follows:

• Increase forest resiliency,

• Increase age class diversity,

• Promote recovery of forest vegetation,

• Reduce the risk of high severity wildfires, and

• Provide wood products for both commercial and non-commercial uses.

B. Stewardship Project Location/Access The stewardship project is located in Sections 3 & 4 of Township 39 North, Range 16 West;

Sections 14, 15, 22, 23, 26, 27, 34 & 35 of Township 40 North Range 16 West; Sections 4, 9, 10, 14, & 15 of Township 41 North Range 17 West; Sections 28 & 33 of Township 42 North, Range 17 West, Dolores County, CO. New Mexico Principal Meridian. The stewardship project is located on United States Forest Service (USFS) land – San Juan National Forest, approximately 12 miles northeast of Cahone, CO.

The total area included in this contract is 482 acres. This includes 388 acres of mandatory work and 236 acres of optional work. The combined acreage of mandatory and optional work exceeds the total project area due to overlapping treatment areas. The project consists of 16 units and 12 temporary roads, with mandatory work required in 10 of the 16 units.

Access to the Stewardship project area is via US Highway 491, and turning east onto County

Road DD, north onto County Road 16, and east onto County Road S past Bradfield Bridge.

To access Units 1-4 and 112 from County Road S, turn onto National Forest System Road

(NFSR) 504, heading north along switchbacks. Follow NFSR 504 for approximately 18 miles to the intersection of NFSR 504H, access is along 504 and 504.K. To access Units 101-111 from County Road S, turn onto NSFR 521 (County Road R), heading east. Follow NFSR 521

RFP-2025-052-AT CSFS Spatula Stewardship Project USFS Good Neighbor Authority Page 7 of 52 for approximately 8 miles to its intersection with NFSR 514. Access is along 521, 521.E, 233, 519, 514, 514.D, and 514.G. To access Garb Temp Roads 1-12 from the intersection of County Road S and NSFR 504, continue north on NSFR 504 for approximately 17 miles.

Access is along NSFR 504, 504.K, and 508.A2.

The project area maps are attached as Appendix A. The approximate boundaries of the cutting and stewardship units are designated on the project area maps. See Section II:

Scope and Statement of Needs, Item H, Product Designation, for specifications on how units are marked on the ground.

C. Administration of Project CSFS Durango Field Office Forester will serve as the Administering Forester:

Ryan Cox Lead Forester

(970) 403-1227 ryan.cox@colostate.edu

D. Subcontracting The Contractor must list any subcontractors proposed as a part of this project and specifically list which activities are assigned to them and proposed equipment in the plan of operations. Contractor’s rights and obligations hereunder are personal, and Contractor may not transfer, assign or subcontract without the prior, written consent of the Colorado

State University (University). Any attempt at assignment, transfer, subcontracting without such consent is void. All assignments, subcontracts, or subcontractors approved by

Contractor or the University are subject to all of the provisions hereof including insurance requirements. The Contractor is solely responsible for all aspects of subcontracting arrangements and performance. Contractor shall submit copies of any and all subcontracts entered into by Contractor to perform its obligations hereunder to the University or its designated representative upon request by the University.

E. Contract and Operations Period The project operation begins on the date of contract execution until December 31st, 2028, unless extended by mutual agreement of the parties or terminated as set forth below.

F. Plan of Operations The Contractor shall prepare a Plan of Operations for the CSFS Administering Forester prior to the start of any work but no later than thirty (30) days after execution of the contract. Upon approval by CSFS, the Plan of Operations and included herein as Appendix

B, which attached hereto and incorporated herein, the same as if set forth in full.

Contractor shall not commence any work until CSFS has approved the Plan of Operations.

The Contractor may amend the Plan of Operations subject to the approval of the CSFS.

mailto:ryan.cox@colostate.edu

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Contractor may work any time during the term of the contract, except under the following conditions:

• When conditions require that Administering Forest restrict or cease operations due to increased fire risk.

• When soil moisture conditions create excessive risk of damage to the soil.

• When snow depths create a situation where Contractor cannot meet requirements and/or Administering Forester cannot inspect work.

• If any cultural or archeological sites are discovered during operations of this contract, Contractor will suspend work in the immediate vicinity of the site until a reconnaissance survey is completed by the Forest Archeologist. Administering

Forester will exclude areas from treatment stand deleted from the contract.

CSFS reserves the right to prioritize the order in which Units are treated. Hauling may occur 7 days a week, excluding restrictions as identified in Section II: Scope and Statement of Needs, item P: Performance Standards.

The Contractor agrees to conduct its operations under this contract and other related business activities in compliance with Federal, State, and local statutes, standards, orders, permits and other regulations.

The Contractor shall meet all State and local environmental quality laws applicable to

National Forest system lands.

Operator is authorized to use existing National Forest system roads when Forest Service determines that such use will not cause damage to the roads or National Forest resources.

Additional restrictions on operations can be found in Section II: Scope and Statement of

Needs, item P: Performance Standards.

G. Volume Determination and Product Ownership CSFS makes no warranties of any kind expressed or otherwise as to the products under this contract and does not guarantee the volumes of wood products. The Contractor is responsible for making their own estimates of actual gross volume, defect and net volume recovery. Ownership of forest products transfers when the Contractor removes the product from the treatment unit and load ticket stubs are accounted for by the

Administering Forester.

H. Product Designation The project area boundaries are marked with orange tracer paint with a single dot facing into the unit, a stump mark on the low side of the tree, and one vertical stripe on each side of the tree following the course of the boundary, and visible to the next boundary tree. Do not cut the trees used for boundary designation.

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Do not cut and leave trees that are marked with orange color paint.

Products are designated by both Damage Class and Individual Trees (Cut Tree Marking).

Unit Number Acres (Approximate)

Designation by Damage Class Units 1-4, 107-112 388

Individual Trees (Cut Tree

Marking)

Units 107-111 102

A. Designation by Damage Class: Within units 1-4, 107-112, as shown on project area map, trees and other products that meet Utilization Standards, and the following criteria are designated for cutting and removal:

a. Units 1-4: All decked timber, with a deck number in green tracer paint as identified on project area maps.

Unit # of Decks Deck Numbers

1 5 1,2,3,4,5

2 3 6,7,8

3 3 9,10,11

4 2 12,13

b. Units 107-112: All dead ponderosa pine 9.0” DBH – 19.9” DBH. Dead trees include trees with yellow-red needles, and/or pitch tubes.

c. Additional trees to be cut, if any, are marked with yellow paint.

d. Do not cut and leave trees that are marked with orange paint.

B. Individual Trees (Cut Tree Marking): Individual trees are designated for cutting if marked above and below stump height in Units 107-111 and marked in blue paint.

Contractor will protect and avoid all Boundary Trees signed as well as legal Monument

Corners.

I. Utilization Standards Utilization Standards for trees and minimum pieces are stated in the following table. To meet minimum tree specifications, trees must equal or exceed tree diameters listed below and contain at least one minimum piece. Except for timber required or authorized to be left

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Contractor shall fell and buck such trees and shall remove from Contract Area and present for Scaling all pieces that:

• Meet minimum piece standards or

• Do not meet such standards but would have qualified as part of minimum pieces if bucking lengths were varied to include such material.

Summary of Utilization Standards:

Species Group Product

Minimum Specifications

Merchantable Tree Piece Required to be Removed

Diameter

Breast

High

(DBH)

(inches)

Number of

Minimum

Pieces per Tree

Length

(feet)

Diameter

Inside Bark at

Small End

(inches)

Net Scale in %

Gross Scale

Ponderosa Pine Sawtimber 9.0 1.0 8.0 7.0 10.67x

Ponderosa Pine Non-

Sawtimber

5.0 1.0 6.5 4.0 8.00x

Scaling Specifications:

Species Product

Maximum

Scaling Length

(feet)

Trim Allowance

Diameter

Range (inches)

Length Range

(feet)

Trim Allowance

(inches)

All All 20.0 5.0 -19.9 20.0 6.0

Scaling Services:

Scaling will be determined by load count at a predetermined conversion factor of 10.76

CCF per load hauled. Load tickets will be deposited into an approved ticket box at an agreed location. Volume determinations will be made based on the number of full loads removed.

J. Product Pricing CSFS makes no warranties of any kind expressed or otherwise as to the products sold under this contract. Contractor is encouraged to make their own determination of the quantity and quality of the products offered under this contract.

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Ownership of forest products transfers when the Contractor removes the product from the treatment unit and the product is scaled.

Product Price Schedule

Species Product Quantity Unit of

Measure

Minimum

Acceptable

Offer

Ponderosa Pine Sawtimber 1896 CCF $0.25

Ponderosa Pine Non-saw 333 CCF $0.25

K. Stewardship Units Overview and Prescriptions

• Item 1 - Mandatory: Cut and Remove Included Timber (Units 1-4, 107-112;

388 ac.):

o Units 1-4 (234 ac.): Remove from contract area all decked trees according to utilization standards, as identified in Section II: Scope and Statement of

Needs, Item I: Utilization Standards o Units 107-112 (154 ac.): Cut and Remove from Contract Area all trees 9.0 –

19.9” DBH according to utilization standards, as identified in Section II: Scope and Statement of Needs, Item I: Utilization Standards

• Item 2 - Optional: Cut and Slash Non-Saw timber (Units 107-112; 154 ac.):

o Cut:

▪ Fell all trees marked with blue paint (cut tree mark) that are between

5.0” – 8.9” DBH. (Units 107-111)

▪ Fell all dead trees that are between 5.0” – 8.9” DBH. Dead trees include trees with yellow-red needles and/or pitch tubes. (Units 107-

112)

▪ Post cut stump height shall be less than 12”.

o Slash:

▪ Slash is considered all Contractor felled trees 5.0” - 8.9” DBH.

▪ Lop and scatter slash material to a height of 1 foot or less.

▪ Do not place slash within 5ft of the dripline of residual trees.

▪ Evenly distribute slash throughout cutting units. Slash may be deposited on skid trails. Do not place slash in stream courses, roads, trails or adjacent to or on fences. Conduct slash treatment along roads in manner that does not affectthe proper functioning of channels leading to and from drainage structures.

▪ Conduct slash treatments concurrent with cutting.

• Item 3 - Optional: Cut, Skid, Deck, and Slash (Units 101-106; 82 ac.):

RFP-2025-052-AT CSFS Spatula Stewardship Project USFS Good Neighbor Authority Page 12 of 52 o Cut:

▪ Fell all trees marked with blue paint (cut tree mark).

▪ Fell all dead trees that are between 5.0” – 19.9” DBH. Dead trees include trees with yellow-red needles and/or pitch tubes.

▪ Post cut stump height shall be less than 12”.

▪ All felled trees shall have the top severed from the stem at 4” upper diameter.

▪ Limb all felled trees of both live and dead branches as close to the bole as possible prior to being decked.

o Slash:

▪ Slash is any cut tree not meeting minimum merchantability specifications as well as branches and tops from all processed and decked trees

▪ Lop and scatter slash material to a height of 1 foot or less.

▪ Evenly distribute slash throughout the cutting unit. Slashmay be deposited on skid trails.

▪ Do not place slash within 5ft of the dripline of residual trees.

▪ Do not place slash in stream courses, roads, trails, or adjacent to or on fences. Conduct slash treatment along roads in a manner that does not affect the proper functioning of channels leading to and from drainage structures.

▪ Conduct slash treatments concurrent with cutting.

o Skid/Deck:

▪ Applies to all Contractor felled trees that meet minimum merchantability specifications

▪ Skid logs to designated decking areas indicated on the project area map and deck.

▪ The Administering Forester will designate the footprint of the decking area on the ground with flagging.

▪ No decking in road prisms.

▪ No skidding of logs across Forest System Road without COR approval.

▪ Ensure decks are compact, neat, and orderly with minimal air space.

▪ All butt ends of the log must face one direction.

▪ The minimum height of a deck is 5ft.

▪ Larger and fewer decks are preferred.

▪ Contractor’s operations shall not unnecessarily damage young growth or other trees to be reserved.

▪ Additional trees may need to be cut to accommodate the decking of logs depending upon Contractor’s plan of operation, equipment and space needs and shall be designated by agency representative.

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▪ Process cut trees to cut specifications above prior to being decked.

• Item 4 - Optional: Garb Temp Roads Decommission:

o Obliterate 12 150-foot sections of temp roads (Roads 1-12), as identified on the project area maps, using the method described below:

o Cover with slash and seed the entire width and length of the section as identified on the ground by COR.

▪ Slash is a combination of small and large diameter material to effectively block road to normal vehicular travel. Other methods of closure may be used as agreed by COR.

▪ Spread seed evenly at the rate of 15.5 pounds of seed.

▪ Seed between October 1st to November 30th and under the above specified conditions unless otherwise approved.

▪ The kinds and amounts of seed to be sown in terms of pure live seed

(PLS) are listed in Section II: Scope and Statement of Needs, Item P:

Performance Standards

L. Volume Determination Contractor is responsible for making their own estimates of actual gross volume, defect and net volume recovery.

Summary of Volume Estimates for Decked Timber

Decked Units 1-4

Unit Acres

Number of Decks

Deck

Numbers

Sawtimber

Volume (CCF)

Non-

Sawtimber

Volume (CCF)

Total Unit

Volume (CCF)

1 84 5 1-5 386 115 501

2 70 3 79-81 451 134 585

3 33 3 82-84 141 42 183

4 47 2 85, 86 143 42 185

Sum 234 13 1121 333 1454

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Summary of Timber Volume Estimates for Timber to be Cut

Removal Units 107-112

Unit Acres

Net Dead Saw Volume

(CCF)

Net Live Saw

Volume (CCF)

Total Unit Volume

(CCF)

107 41 169 36 205

108 27 112 23 135

109 3 12 3 15

110 8 33 7 40

111 23 95 20 115

112 52 219 46 265

Sum 154 640 135 775

Summary of Timber Volume Estimates for Optional Work Items (Subject to

Agreement)

In addition to the above estimates for Timber Removal, the following products may be

“Included Timber” upon written agreement:

Optional Item: Cut, Skid, Deck, Units 101-106

Unit Acres

Dead Saw Volume

(Net) CCF

Live Saw Volume (Net)

CCF

Unit Volume

CCF

101 4 17 3 20

102 11 45 10 55

103 5 21 4 25

104 6 25 5 30

105 31 128 27 155

106 25 103 22 125

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Sum 82 339 71 410

Summary of Volume Estimates for Timber Removal:

Product Estimated Quantity Unit of Measure

Sawtimber 1896 CCF

Non-Sawtimber 333 CCF

Contractor shall account for all timber products included in this contract during the scaling process, with final settlement based on the number of loads hauled. CSFS will determine the timber designated for harvest and underutilized as described in Section II:

Scope and Statement of Needs, Item I: Utilization Standards and Contractor will pay CSFS accordingly. In the event Contractor severs any live timber products from the stump for a period of 90 days or more without being scaled, CSFS, at their discretion, may reassess the volume with an appropriate and reasonable method that meets industry standards.

Contractor shall bear any additional costs to CSFS resulting from excessive delay in removing the timber products.

The Contractor shall deposit the CSFS stub portion of the load ticket, described in Section

7, with the species, corresponding load ticket number, timber project contract name, date and time of delivery.

The Contractor is responsible for accounting for the CSFS stubs until transferred to CSFS.

M. Load Identification and Log Accountability Identify all loads of timber in transit using load tickets and markings as described in this section. Contractor shall show such documentation upon request by CSFS as evidence of accountability and authority to move timber products.

CSFS will issue load ticket books, containing 25 individual load tickets and each comprised of three numerically corresponding stubs (book stub, mill stub, and load stub) to the

Contractor prior to the commencement of timber product hauling. These load tickets and their included instructions are a part of this contract. Contractor (or their designated hauler, as an agent of Contractor) must complete items on all three stubs of the load ticket in ink prior to timber removal from project area. These listed items include project name, payment unit, mill destination, hauler name, date and time of product removal from project area, and species hauled.

Identified loads of timber in transit by displaying the load stub portion of the load ticket securely stapled as a placard on a front- driver’s side log. Both a brand of ST and the last

RFP-2025-052-AT CSFS Spatula Stewardship Project USFS Good Neighbor Authority Page 16 of 52 three digits of the corresponding load ticket shall be marked on three front log and three additional rear log face locations using BLACK timber paint and legible numerals.

Load ticket books, along with CSFS stubs and book stubs are accountable items and

Contractor must return to CSFS used or unused upon project completion and prior to project closeout. CSFS and the Contractor shall count and sign for issuance and return of tickets on a ticket receipt form provided by CSFS prior to commencement of hauling activity or project closure, respectively. The CSFS will bill the Contractor $100 for each used or unused load ticket book not returned to CSFS. If the Contractor loses a load ticket, CSFS will charge an amount equal to the highest value load.

N. Federal Timber Export Restrictions Unprocessed timber sold under this contract shall not be exported from the United States nor used in direct or indirect substitution for unprocessed timber exported from private lands by Contractor or any person as defined in the Act (16 USC 620e).

Prior to delivering unprocessed Included Timber to another party, Contractor shall require each buyer, exchange, or recipient to execute an acceptable contract that will:

(i) Identify the Federal origin of the timber;

(ii) Specify domestic processing for the timber involved; and

(iii) Require the execution of such agreements between the parties to any subsequent transactions involving the timber.

No later than 10 days following the execution of any such agreement between Contractor and another party, Contractor shall furnish to CSFS a copy of each such agreement.

Contractor shall retain, for 3 years from Termination Date, the records of all sales, exchanges, or dispositions of all Included Timber.

O. Payment Terms Volume for all material will be paid for at rates listed in the Schedule of Items on a predetermined conversion factor of 10.76 CCF per load times the total loads counted.

Method of Measurement for Acreages

Acreages were determined by using Global Positioning Systems (GPS). The CSFS will round the acreage for each work item to the nearest acre and is final unless:

• The contract is modified,

• CSFS makes a determination to remeasure, or

• The Contractor exercises his/her option under the following Remeasurement provisions:

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Remeasurement

The Contractor may request, in writing, remeasurement of any units under this contract if he/she feels that acreage stated on the project area maps is incorrect. The CSFS will remeasure within the existing perimeter of the respective unit. No variance of the unit perimeters as laid out on the ground for this contract are allowed. Contractor must make all requests for remeasurement prior to payment for each completed unit. the CSFS will perform the remeasurement.

If remeasurement indicates that a variance of ten percent or less exists on units of 1 to 5 acres, five percent or less exists on units of more than five but less than 20 acres, or if three percent or less exists on units of 20 acres or larger, the Contractor shall pay for the actual costs of the remeasurement. Under this condition, Contractor will make payment on the acreage stated on the project area maps. If the remeasurement indicates the actual acreage varies by more than the above factors from that stated on the project area maps, the

Contractor will make payment on the remeasured acreage and the USFS will pay for the cost of the remeasurement.

Acceptance and Payment

• CSFS will calculate percentages and round to the nearest whole percent

• CSFS will not allow for variation or proportion of variation which will create a percentage greater than 100 percent.

P. Performance Standards

A. Roads

Contractor will use existing roads whenever possible. Contractor will locate, construct, and rehabilitate additional roads, skid trails, landings and decks required according to the

Performance Standards set forth below.

Log trucks are restricted to a maximum gross vehicle weight of 85,000 pounds, as well as

State limits for width and height.

Contractor will maintain the following roads before, during, and after hauling in a like or better condition than existed prior to commencement of operations:

ROAD TERMINI MILES

FROM (MM) TO (MM)

504 12.1 (Junction with CTY-S DO) 32.4 20.3

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504.K 0 0.4 0.4

505 0 0.6 0.6

11.5 (Junction with FSR 521)

16.2 4.7

514.D 0 0.9 0.9

514.G 0 1 1

521 0 11.2 11.2

ROAD WORK FOR OPTIONAL WORK ITEM 3 (Units 101-106)

233 0 0.8 0.8

519 0 1.5 1.5

521.E 0 0.3 0.3

Contractor will take care to maintain drainage necessary to prevent erosion during construction or upgrading of roads and hauling products. The Contractor is responsible for any erosion problems that are the result of their operation on the subject property.

Contractor will correct these problems immediately upon discovery or soon as conditions permit as determined by the Administering Forester.

The Administering Forester will inspect all roads utilized by Contractor on property for working condition and identify if Contractor must grade with drainage facilities prior to final acceptance of completion of this contract.

The Contractor will follow CSFS Colorado Forest Road Field Handbook and the CSFS

Forestry Best Management Practices to Protect Water Quality at all times as well as state and federal regulations.

When two or more commercial users are simultaneously using the same road where the

Forest Service does not require maintenance deposits, the commercial users will develop maintenance responsibilities and arrangements for accomplishing the work. The

Administering Forester must agree to this plan. If the commercial users cannot agree on maintenance responsibilities, the Administering Forester shall resolve the differences.

If Contractor elects to use different roads than those listed in the following road restriction table, the Administering Forester shall determine Contractor’s commensurate share of road maintenance and revise road maintenance deposits.

https://csfs.colostate.edu/wp-content/uploads/2025/04/CSFS_FRST_RD_HNDBK_Web_030725_CMP_Accessible.pdf https://csfs.colostate.edu/wp-content/uploads/2024/01/BMP_WaterQuality_2023_Web_CMP.pdf

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Unless agreed in writing, complete pre-haul maintenance on any portion of road prior to hauling on that portion. Maintenance, as used in this contract, does not include road reconstruction or repairs of extraordinary nature.

The following table lists existing roads shown on the project area map that, for such reasons as limitations in structural capacity, safety, and protection of soil, water, and roads, cannot be used for log hauling or may be used only under the restrictive limitations stated therein:

Road

Numb er

Road Name

Termini Map

Legend

Description of

Restrictions From To

DRY LAKE

CUTOFF

0.8

Hauling

Restricte d

Log trucks are restricted to a maximum gross vehicle weight of

85,000 pounds

504 LONE DOME 12.1

(Junction with

CTY-S DO)

32.4

504.K LONE DOME K 0 0.4

505 POWERLINE

NORTH

0 0.6

514 GLADE 11.45 19.5

514.D

GLADE D 0 0.9

514.G

GLADE G 0 1.0

FLAT IRON

5.16

(Southern junction with

FSR 514)

3.6

521 ORMISTON

POINT

0 11.2

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521.E ORMISTON

POINT E

0 0.1

All unlisted roads Hauling

Prohibite d

Hauling prohibited

B. Skid Trails, Temporary Roads, and Landings

The Administering Forester shall approve all skid trails and landings.

The Administering Forester shall determine when skid trails and landings may be closed using water barring, seeding, scattering slash, re-contouring, or a combination of these treatments.

The Contractor is responsible for any erosion problems that are the result of their operation on the subject property. The Contractor will correct these problems immediately upon discovery or soon as conditions permit as determined by the

Administering Forester. The Contractor will follow the CSFS Colorado Forest Road Field

Handbook and the CSFS Forestry Best Management Practices to Protect Water Quality at all times.

Unless otherwise agreed in writing, temporary roads, skid trails, and landings associated with the cutting unit(s) and included as Optional Item 4: Garb Temp Roads

Decommission, shall be decommisioned using the method described below:

Type of

Facility

Units Requirement

Temp

Road

All Rip the entire width and length of the road to a depth of 2.0 to 8.0 inches.

Covered with slash and seed. Contractor shall use one, or a combination, of non-drivable water bars (, Figure 1), rocks, debris, and logs to effectively block the road to vehicular traffic or as otherwise agreed to by the Administering Forester.

Close entrances to temporary roads from all National Forest System

(NFS) roads either by berm or obliterating the entrance (recontouring the first 100.0 feet, use of slash, etc.) or combination of methods.

Close temporary roads after use unless approved to leave open by the

Administering Forester.

https://csfs.colostate.edu/wp-content/uploads/2025/04/CSFS_FRST_RD_HNDBK_Web_030725_CMP_Accessible.pdf https://csfs.colostate.edu/wp-content/uploads/2025/04/CSFS_FRST_RD_HNDBK_Web_030725_CMP_Accessible.pdf

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Skid

Trail

All Place slash, stumps and cull logs horizontal to the skid trail surface, where agreed to by the Administering Forester, to control erosion. Block skid trails that intersect an existing road to vehicular traffic for the first

100.0 feet or site distance, whichever is greater, by placing a combination of logs, earthen mound, cull logs, slash or recontouring.

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Figure 1: Illustration of Nondriveable Waterbar

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C. Stump Heights and Processing Requirements

Contractor must cut stumps at twelve (12) inches or less as measured on the uphill side, unless rocks or other objects require a taller stump.

In processing timber, Contractor must cut all limbs flush to the boles of trees.

D. Slash

Contractor must treat all slash by utilizing a lop-and-scatter technique, distributing slash evenly throughout the cutting unit including on skid trails. Do not place slash d within 5ft of the dripline of residual trees. Contractor will ensure slash height is 1 foot or less. Do not place slash in stream courses, roads, trails, or adjacent to or on fences. Conduct slash treatment concurrent with cutting.

E. Harvest Operations Time Restrictions

Summary of Operating Restrictions

Cutting Unit

/ Location Restriction Purpose

All

March 1st through March 31st, no operations without Administering Forester approval.

To reduce soil damage during wet periods.

NFSR 504

No hauling is permitted on NFSR 504 over

Memorial Day holiday weekend (starting on Friday at 12:00 am and extending through Tuesday at 12:00 am).

To prevent conflict with recreationists.

NFSR 504

No hauling on July 4th and 5th (starting at

12:00 am on July 4th and ending at 12:00 am on July 6th)

To prevent conflict with recreationists.

NFSR 504

No hauling is permitted on NFSR 504 over the Labor Day holiday weekend (starting on Friday at 12:00 am and extending through Tuesday at 12:00 am).

To prevent conflict with recreationists.

All Raptor

Nests

No operations are allowed within "No

Disturbance" nest buffers.

To protect nests occupied by birds of prey.

All Raptor

Nests

From April 1st to August 31st, no activities are allowed within Operating Restrictions buffer as identified on Project Area Map

To protect nests occupied by nesting and fledgling birds of prey.

Contract

Area/ All

Units

From May 15th to June 30th, no activities will be allowed within Elk Production

Habitat. This area covers the entire Contract

Area and all Contract Units.

To reduce disturbance during the annual elk calving period.

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F. Seeding

Following the completion of skidding and yarding operations in an area and the obliteration of Garb Temp Roads, Contractor shall seed all exposed areas of raw soil on skid trails, landings, slides, slumps, Temporary Roads and traveled ways of Specified Roads.

Leave soil on areas to be seeded in a roughened condition favorable to the retention and germination of the seed.

Spread the seed evenly at the rate of 15.5 pounds of seed per acre.

Seed during the period of October 1st to November 30th and under the above specified conditions or under the determination of the Administering Forester when conditions allow.

The following seed mix and quantities to be sown in terms of pure live seed (PLS) shall be applied:

Species of seed Scientific name Variety Broadcast seeding rate (PLS lbs/acre)

Slender

Wheatgrass

Elymus trachyculus VNS 6

Western

Wheatgrass

Pascopyrum smithii VNS 4.5

Mountain Brome Bromus marinatus VNS 5

All seed purchased will be certified free of noxious weed seeds from weeds listed on the current USDA "All States Noxious Weeds List."

G. Noxious Weed Considerations

Contractor must ensure all equipment used on the project area is clean and free from noxious weeds prior to entering the project area. The CSFS may require inspection of equipment prior to entering the project area and require mitigation if CSFS determines the possibility exists to spread noxious weeds.

Areas, known by CSFS prior to project advertisement, that are infested with invasive species of concern are shown on the project area map. A current list of invasive species of concern and a map showing the extent of known infestations is available at the USFS Forest

Supervisor’s Office.

Contractor shall adhere to the following requirements regarding cleaning Equipment:

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• Prior to moving Equipment onto the contract area, Contractor shall identify the location of the equipment's most recent operation. Contractor shall not move any

Off-Road Equipment that last operated in an area infested with one or more invasive species of concern onto contract area without having cleaned such equipment of seeds, soil, vegetative matter, and other debris that could contain or hold seeds, and having notified Administering Forester. If the location of prior operation cannot be identified, then Contractor shall assume that the location is infested with invasive species of concern.

• Prior to moving Off-Road Equipment from a cutting unit that is shown on the project area map to be infested with invasive species of concern to, or through any other area that is shown as being free of invasive species of concern, or infested with a different invasive species, Contractor shall clean such equipment of seeds, soil, vegetative matter, and other debris that could contain or hold seeds, and shall notify the Administering Forester.

• Prior to moving Equipment subject to the cleaning requirements set forth above, Contractor shall advise Administering Forester of its cleaning measures and make the equipment available for inspection. The Administering Forester shall have 2 days, excluding weekends and Federal holidays, to inspect equipment after it has been made available. After satisfactory inspection or after such 2-day period, Contractor may move the equipment as planned. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds. Contractor shall not be required to disassemble equipment unless so directed by the Administering Forester after inspection.

• If Contractor desires to clean Off-Road Equipment on National Forest land, such as at the end of a project or prior to moving to, or through an area that is free of invasive species of concern, Contractor shall obtain prior approval from

Administering Forester as to the location for such cleaning and measures, if any, for controlling impacts.

• The parties shall promptly communicate with one another with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and addition of species to the list of invasive species of concern.

H. Additional Requirements

The Contractor shall place in covered drums or other acceptable containers any soil contaminated by loss of fuel, oil, grease, hydraulic fluid, coolant or other fluids and remove for proper disposal.

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Contractor will maintain a drug and alcohol-free work environment on the subject property.

Contractor shall abide by Colorado State University’s non-discrimination policy

(https://oeo.colostate.edu/non-discrimination-statement/).

The Contractor will not damage improvements on the project area. If damage occurs to any improvement, the Contractor will restore the improvement to its original condition and will bear all costs associated with the repair.

The CSFS may suspend or limit the Contractor’s harvest or stewardship operations if excess damage is occurring due to mud, snow, et cetera, or due to the following situations:

• Failure to make required payments

• Theft of timber

• Extreme fire danger

• Other extreme, severe or excessive situations as deemed appropriate by the CSFS

Contractor will keep trash always picked up and hauled from the site on a weekly basis.

Q. Threatened & Endangered Species Considerations No threatened & endangered species are known to be present within the project area.

R. USFS NEPA Requirements Locations of known areas needing special measures for the protection of plants, animals, cultural resources, and/or cave resources are shown on the project area map and/or identified on the ground. Special protection measures needed to protect such known areas are identified in Section II: Scope and Statement of Needs, Item P: Performance Standards

In addition to any special protection measures noted in Item P: Performance Standards, Contractor has a general duty to protect all known and identified resources from damage or removal during Contractor’s operations. Discovery of additional areas, resources, or members of species needing special protection shall be promptly reported to

Administering Forester, and operations shall be delayed or interrupted at that location, if

Administering Forester determines there is risk of damage to such areas, resources, or species from continued operations.

S. Damage Penalty Contractor shall protect residual trees to the maximum extent possible. Contractor shall fell and pay for undesignated timber unnecessarily damaged by negligence or willfully cut at current contract rates. In addition, CSFS will assess a fixed $50 penalty per tree (>6”

DBH) if mitigation measures are not promptly taken to address these damages. Contractor must pay within 30 days of invoice by CSFS. Administering Forester may also assess penalties for damages to soils, improvements or other elements of the forest stand.

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Determination of damage is at the sole discretion of the CSFS but typically described as basal damage in excess of 1/3 the circumference of the tree, broken tops and limbs greater than 4 inches in diameter, unnecessary soil disturbance and excessive amounts of any of the above. Administering Forester may require utilization of timber damaged through normal operations.

The Contractor shall conduct all operations in a timely manner and in accordance with the

Plan of Operations, attached hereto and incorporated as set forth above, and shall take all necessary precautions to protect the remaining forest stand, soils, and any improvements.

T. Law Compliance The Parties agree to comply with all of the laws, rules, and regulations of the State of

Colorado and its subdivisions and with federal laws to the extent applicable.

Contractor shall not export unprocessed timber sold under this permit from the United

States nor use in direct or indirect substitution for unprocessed timber exported from private lands by Contractor or any person as defined in the Act (16 USC 620e).

U. Fire Liability Requirements A. The Contractor will exercise all possible precautions to prevent wildfire, and shall assist in the suppression of any fire that is on or threatening the property of the project area. The fire season shall be effective for the period from May 1 to November

30 of each year. The CSFS may change the dates of said season by advance written notice if justified by unusual weather or other conditions. At all times, the Contractor will have the following firefighting tools in serviceable condition and immediately available in the project area:

1. A combination of shovels, McLeod’s, double-bit axes, and Pulaski’s sufficient to equip each person on the treatment crew

2. A minimum of one back-pack pump per every 5 people on the treatment crew

3. A minimum of two 5-pound fire extinguishers available at fueling locations

B. Contractor will equip all motorized equipment with an operational spark arrester and charged fire extinguisher, at least 5#ABC with an Underwriters Laboratory (UL) rating of 3A-40BC, or greater. Passenger carrying vehicles, pickups, medium and large highway trucks will be equipped with a factory designed muffler system which is specified for the make and model of the respective vehicle/truck or with a muffler system that is equivalent or that exceeds factory specifications. Exhaust systems shall be properly installed and continually maintained in serviceable condition.

Each gasoline engine power saw will have one charged chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight, and one shovel. The extinguisher and shovel shall be readily available to the operator of the saw at all times. Fuel and refuel power saw in area first cleared of material which will carry

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C. CSFS may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions. During periods of critical fire danger, CSFS may prescribe other precautionary measures.

D. Contractor will equip all motorized equipment with an operational spark arrester and charged fire extinguisher.

E. Fire Suppression and Liability Description imposed by the CSFS onto the Contractor:

1. Contractor’s Responsibility for Fire Fighting: The Contractor, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. The CSFS may hold Contractor liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees subject to the following fire classifications:

2. Fire Suppression Costs: The Contractor's obligations for cost of fire suppression vary according to two classifications of fires as follows:

a. Operations Fire: An “operations fire” is a fire caused by the

Contractor’s operations other than a negligent fire. The Contractor agrees to reimburse U.S. Forest Service for such cost for each operations fire, subject to a maximum of the dollar amount of $5,000.

The cost of the Contractor’s actions, supplies, and equipment on any such fire, or otherwise provided during the immediate response, according to section 21C(1) above, shall be credited toward such maximum. If the Contractor’s actual cost exceeds Contractor’s obligation stated above, the U.S. Forest Service shall reimburse the

Contractor for the excess.

b. Negligent Fire: A “negligent fire” is a fire caused by the negligence or fault of the Contractor's operations. This includes, but is not limited to, one caused by persons engaged in the Contractor's operations smoking during the course of their employment, or during rest or lunch periods. If the Contractor’s failure to comply with requirements under this contract results in a fire starting, or permits a fire to spread; the

Contractor shall bear the damage and the cost of suppressing negligent fires.

3. Contractor’s Responsibility for Notification in Case of Fire: The Contractor shall immediately notify 911 followed by the CSFS of any fires sighted on or in the vicinity of the work site.

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4. Contractor's Responsibility for Responding to Emergencies: When directed by the Administering Forester, the Contractor shall temporarily redirect employees and equipment from the work site for emergency work

(anticipated to be restricted to firefighting). This is considered to be within the general scope of the contract. An equitable adjustment for any such redirection of employees and equipment will be made

5. Performance by the Contractor: Where the Contractor's employees, agents, contractors, subcontractors, or their employees or agents perform the

Contractor's operations in connection with fire responsibilities, the

Contractor's obligations shall be the same as if performance was by

Contractor.

6. State Law: The Contractor is not relieved by the terms of this contract of any liability for fire suppression costs recovered in an action based on State law, except for such costs resulting from operations fires. Amounts due to the

Contractor for firefighting expenditures on operations fires shall…