C2.11# – TIMBER SUBJECT TO AGREEMENT. (2/71) In addition, there is within Sale/Project Area
an unestimated quantity of Sawtimber and Non- Sawtimber that shall be Included Timber upon written
agreement.
C2.2 - UTILIZATION AND REMOVAL OF INCLUDED PRODUCTS ( 2/01) Unless otherwise
agreed in writing, or as specified in C2.211-Optional Removal of Non-sawtimber Products, Purchaser is
required to pay for and remove the following products described in A2 of the contract:
Sawtimber is the boles of trees meeting Sawtimber Product specifications as listed in A2 of the
contract.
Non-sawtimber is the boles of trees meeting Non-sawtimber Product specifications as listed in
A2 of the contract, but that do not meet the minimum piece specifications for Sawtimber
Products.
C2.358# - INDIVIDUAL TREES (LEAVE TREE MARKING). (10/01) In Cutting Units 6, all trees
(live and dead) meeting minimum tree diameter specifications of A2 are designated for cutting except
trees reserved from cutting. Trees reserved from cutting have been marked with Blue paint with a
horizontal stripe at DBH and a stump mark. The boundaries of areas where leave trees are marked are
identified by streaks of Blue paint on three sides of the cutting unit boundary trees extending from near
the ground to a height of four feet or more . Trees used for boundary designation are not to be cut. All
hardwood trees are not to be cut.
No cutting or removal of any timber, live or dead, is authorized from outside the identified cutting
unit, unless agreed to in writing by the Purchaser and Forest Service. Any snags felled for safety
reasons shall be left on site.
C2.359# - INDIVIDUAL TREES (CUT TREE MARKING). (10/01) In Cutting Units 1,1A,2 and 7,
individual trees to be cut have been marked with Yellow paint.
These units have non-sawtimber marked in them from a previous sale. The volume from non-sawtimber
is not included in A2 of the timber sale contract.
The boundaries of areas where individual trees are marked to be cut are designated by streaks of Blue
paint on three sides of the cutting unit boundary trees extending from near the ground to a height of four
feet or more.
East Boundary of Unit 1 is designated with Blue Flagging. Trees used for boundary designation are
not to be cut.
No cutting or removal of any timber, live or dead, is authorized from outside the identified cutting
unit, unless agreed to in writing by the Purchaser and Forest Service. Any snags felled for safety
reasons shall be left on site
1
C2.36 DESIGNATION FOR CUTTING (9/9/1999). Timber designated for cutting is described as
follows:
The boundaries of Cutting Units are identified by streaks of Blue paint on three sides of the cutting unit
boundary trees extending from near the ground to a height of four feet or more . Trees used for
boundary designation are not to be cut.
No cutting or removal of any timber, live or dead, is authorized from outside the identified cutting
unit, unless agreed to in writing by the Purchaser and Forest Service. Any snags felled for safety
reasons shall be left on site.
Harvest Unit 4
Within Harvest Unit 4 all live and dead lodgepole pine trees meeting Utilization Standards are
designated for removal.
Harvest Unit 12B
In Cutting Unit 12B, all trees (live and dead) meeting minimum tree diameter specifications of A2 are
designated for cutting except trees reserved from cutting. Trees reserved from cutting have been marked
with Blue paint with a horizontal stripe at DBH and a stump mark. In addition, Unit 12B has a Special
Treatment Zone (STZ) within the unit that is not leave tree marked. Within the STZ only live and
dead lodgepole pine are designated for removal. The boundary of the STZ is designated with
Orange flagging, paint and signs. (Refer to C6.4#)
Harvest Units 8,10,12 and 13 are described as follows:
Treatment Objectives:
1. Improvement Harvest that will reduce stand density (basal area) and reduce canopy closure.
Treatment will harvest mainly intermediate and suppressed trees of less then desirable quality
and alter species composition of the stand to favor ponderosa pine and Douglas fir. Groups are
desirable to meet species preference and to create a mosaic appearance across the landscape.
Designation/Harvest Specifications:
1. To meet the desired treatment objectives, purchaser may determine leave trees by one or a
combination of the following selection guidelines.
A. Reduce basal area of units to an average of 40-50 square feet/ acre of merchantable trees.
Basal area should be evenly distributed throughout the unit.
2
B. Select leave trees utilizing a spacing guideline of 30 to 40 feet between boles of trees.
Tree spacing is equivalent to an average of 48 to 27 trees per acre.
As a general guideline 40-50 square feet of basal/ acre in this size timber is equivalent to the
spacing and trees per acre stated in B. Spacing maybe less and trees per acre higher in clumps
provided from larger trees.
2. Retain all hardwoods and ponderosa pine, larch and Douglas fir greater then 14.0 inches DBH.
DBH is the diameter at breast height, which is measured from the ground level on the uphill side
on the tree to 4.5 feet.
3. Retain all Douglas-fir and larch snags.
4. Species preference for leave is ponderosa pine, larch, Douglas fir, grand fir and lodgepole pine.
Leave trees will generally be in the dominant and codominant crown class, free from insect and
disease, with a minimum of 30% live crown. Groups of leave trees are acceptable to meet
species preference and diameter restrictions stated above. Some poorer quality trees may have
to be left to meet the basal area / spacing guidelines.
Inspection and Acceptance of Leave Tree Selection:
Forest Service will inspect leave tree selection on the criteria 1-4 stated above. Purchaser and Forest
Service shall agree upon methods used to inspect and accept leave tree selection based on which
designation guideline(s) are implemented in conjunction with Purchaser’s Quality Control Plan.
C3.34 - RATE REDETERMINATION FOR WAGE RATE CHANGE. (2/2000) Forest Service shall
redetermine rates for timber described in A5b whenever a labor wage rate increase occurs under
provision C6.004. Since the timber in this contract is sold on a flat rate basis and is not subject to
adjustment for a change in lumber market conditions any increase in the value of Land Management
Credits due to the application of a wage rate increase must be offset by a corresponding increase in
the rate paid for the timber. The cumulative increase in Land Management Credits resulting from the
application of the terms of provision C6.004 will be divided by the volume remaining to be cut and
removed from the sale area to develop the stumpage rate increase on a per unit basis. The volume
remaining at time of rate redetermination will be calculated by subtracting the volume scaled to date
from the estimated volume sold in A2.
C3.5 LAND MANAGEMENT CREDITS (9/9/1999). Land Management Credits (LMC) are credits that
are earned and established when work described in C6.001 has been performed and accepted. LMC
shall be earned at the rate as shown in A5c. Earned LMC may be used to pay for included timber value
in excess of base rates. Base rate value and required deposits for slash disposal and road maintenance
must be paid in cash.
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C3.51 ESTABLISHMENT OF LAND MANAGEMENT CREDITS (9/9/1999). Land Management
Credits will be established on a monthly basis. LMC will be established for the number of units of each
activity that have been completed and accepted. Acceptance may be for all or a reasonable portion of
any specific activity. LMC will not be established for work that is in progress that has not been accepted
by the Forest Service.
C3.52 EXCESS LAND MANAGEMENT CREDITS (9/9/1999). In the event there are unused
established Land Management Credits when all of the included timber has been cut and removed the
Forest Service, at its option, shall either add more timber or make cash payment for the unused LMC.
C3.53 EXCESS TIMBER VALUE (9/9/1999). In the event the value of the included timber exceeds the
total value of all of the mandatory activities plus the optional activities the purchaser has been
authorized to perform (a) the Contracting Officer shall authorize additional activities if the excess timber
value exceeds 10 percent of the total timber value, or (b) the Contracting Officer shall authorize
additional activities or require cash payment if the excess timber value is less than 10 percent of the
total timber value, or (c) it there are no remaining optional activities and no additional activities are
added under C6.003 the purchaser shall make cash payment for the excess timber value.
C4.221 - ADVANCE DEPOSITS. (9/9/1999) Purchaser agrees to establish Land Management Credits,
provide performance bond, or make cash deposits in advance of cutting to meet charges under C4.2.
Forest Service billings for advance cash deposits shall be in such amount that, together with Land
Management Credits and performance bond will maintain an unobligated balance equal to the applicable
charges for timber the Forest Service estimates will be cut in not less than 30 calendar days and not
more than 60 calendar days. Purchaser shall not be required to make advance deposits above those
required under this provision when the credit balance in Timber Sale Account exceeds the charges for
timber estimated to be cut in the next 60 calendar-day period.
If at any time the value of established, unused LMC plus the amount of the performance bond and
advance cash deposits is not sufficient to cover the value of timber to be cut in the next 10 days the
cutting of timber will be suspended until such time as more LMC are established or cash is deposited.
C4.23 - REFUND OF EXCESS CASH. (9/9/1999) If at any time the credit balance of Timber Sale
Account exceeds the charges for timber which the Forest Service estimates will be cut within the next 60
calendar days, any portion of such excess that is due to cash in the account shall be refunded if requested
by Purchaser. If no cutting is planned within the next 60 calendar days, refund of the entire
unencumbered cash balance may be made. After a refund for a shutdown, deposits shall be made to
meet the requirements of C4.221 - Advance Deposits before additional timber may be cut.
C4.27 CASH PAYMENT FOR LAND MANAGEMENT ACTIVITIES (9/9/1999). In lieu of
providing timber for established Land Management Credits the Forest Service may elect to pay the
purchaser cash in the form of a cash credit on the purchaser's statement of account.
4
C5.113# - USE AGREEMENT BETWEEN FOREST SERVICE AND OWNER. (7/85) Purchaser is
authorized to build a temporary access across private land on location as agreed to by Landowner and
subject to the terms and conditions of a Temporary Land Use Agreement between Forest Service and
Landowner. A copy of said Agreement is available for review in the office of the District Ranger, and
the Forest Supervisor.
C5.114# - USE AGREEMENT BETWEEN PURCHASER AND OWNER. (7/85) Purchaser is
authorized to construct temporary access subject to the terms and conditions of a Temporary Land Use
Agreement between Landowner and Purchaser. This agreement has been signed by Landowner and will
be dated and signed by Purchaser after sale award. A copy of the Agreement is available for review in
the office of the District Ranger and the Forest Supervisor.
C5.316# - SNOW REMOVAL. (02/02) Snow removal shall be done in a manner to preserve and
protect the roads to insure safe and efficient transportation and to prevent unacceptable erosion damage
to roads, streams, and adjacent lands.
A. Description. Snow removal work by Purchaser shall include:
1. Removal of snow from entire road surface width including turnouts.
2. Removal of snow slides, minor earth slides, fallen timber and boulders that obstruct
normal road surface width including turnouts.
3. Maintain drainage so that the drainage system will function efficiently.
B. Performance. All items of snow removal shall be done currently as necessary to insure safe,
efficient transportation. Work shall be done in accordance with the following minimum standards of
performance.
1. Removal of material. All debris, except snow and ice that is removed from the road
surface and ditches shall be deposited away from stream channels at agreed locations.
2. During snow removal operations, banks shall not be undercut nor shall gravel or other
selected surfacing material be bladed off the roadway surface.
3. Ditches and culverts shall be kept functional during and following roadway use.
4. Snow berms shall not be left on the road surface. Berms left on the shoulder of road
shall be removed and/or drainage holes shall be opened and maintained. Drainage holes shall be
spaced as required to obtain satisfactory surface drainage without discharge on erodible fills.
5. Dozers and skidders shall not be used to plow snow on system roads without written
approval of Forest Service. Upon approval, dozers and skidders must be equipped with shoes or
5
runners to keep the plow blade a minimum of 2 inches above the road surface unless specifically
removed from the requirements in writing.
6. Snow must not be removed to the road surface. A minimum 2 inch depth must be left
to protect the roadway.
7. Purchaser's damage from, or as a result of, snow removal shall be restored in a timely
manner.
C5.41# - CLOSURE TO USE BY OTHERS. (02/02)
A. Closure of Roads During Period of Contract. Unless otherwise agreed in writing between
Purchaser and Forest Service, Purchaser shall within 15 days of receipt of notice from Forest Service,
install gates listed below and close gates on roads designated "To Be Closed" on Sale Area Map and
listed below to effectively block access behind such gates to vehicle traffic except that constituting
official use. Installation of gates shall follow closure details attached hereto and made a part hereof.
Official vehicle traffic shall constitute that use by Purchaser and his employees when engaged in timber
sale activities. It shall also include administrative traffic by Forest Service, and other landowners for the
administration of their lands. Purchaser will close gates after passage of each vehicle. Forest Service
will monitor and administer closure activities.
Gate Location(s)
Gate Gate
Road Number Location Furnished By 1/ Installed By 1/ In Place 3/
4729 Jct 128 and 4729 X
402 * MP 2.50 X
402D Jct 402 and 402C X
4727* MP 0.01 X
4727B Jct 4727 and X
4727B
4727H Jct 4727 and X
4727H
4727J Jct 4727 and X
4727J
4728 Jct 4728 MP 0.05 X
4728C Jct 4728 and X
4728C
6
* Purchaser will close gates after passage of each vehicle during the period of 5/31 to 6/30. After
6/30 gates on the 402 and 4727 are open to the public.
During the life of this contract, Purchaser is authorized to install temporary barricades on the roads
designated "To Be Closed." Gates with adequate and protected locks may be considered a temporary
barricade. Temporary barricades shall be installed so that they may be readily opened by Purchaser or
Forest Service for access to Sale Area in case of fire or other emergency. Official vehicle traffic shall
also include administrative traffic by Forest Service and other landowners for the administration of their
lands. Purchaser shall provide and post approved signs as authorized by Forest Service.
Temporary Closure
Furnished
Road Number Location Closure Method By In Place
4729E Jct 4729E and 1,2 or 3 Purchaser No
14454A (Refer to
attached Closure
Details)
B. Closure of Roads at End of Purchaser's Use. Unless otherwise agreed in writing between
Purchaser and Forest Service, upon completion of use, Purchaser shall effectively close to public use the
following roads designated "To Be Closed" on Sale Area Map and listed below. As an element of final
road maintenance and environmental or resource protection, the designated closure shall be
accomplished by using the methods required for each road as described below:
1 Installation of barricades, which may include earth berms, logs, timber, rock, metal
railing, etc., in accordance with details attached hereto and made a part hereof,
including the proper barricade and closure signing.
Closure Location(s)
Furnished
Road Number Location Closure Method By In Place
402F Jct 402 and 402F 1 Purchaser X
402J Jct 402 and 402J 1 Purchaser X
402L Jct 402 and 402L 1 Purchaser X
7
C. Purchaser's Operations in areas otherwise closed to motorized vehicle. During the period
October 15 to November 30 when Purchaser's Operations are in areas otherwise closed to motorized
vehicles, Purchaser shall not be permitted to hunt, transport hunters, discharge firearms or transport big
game animals with vehicles within the closed areas.
C6.001 LAND MANAGEMENT ACTIVITIES (9/9/1999). Performance of land management activities
shall be in accordance with the following specifications. All methods, descriptions of how work will be
performed, or other information relative to each activity that are contained in the proposal submitted by
the purchaser are hereby incorporated by reference.
All of the mandatory activities as shown in A5c shall be performed. Optional activities as shown in A5c
shall be performed when authorized in writing by the Contracting Officer. Such authorization may be
for all or a portion of the quantity shown. Optional activities may be selected and authorized in any
order. Upon written request, additional activities shall be authorized; however, the Contracting Officer
shall not be obligated to authorize additional activities if 3 or more authorized optional activities or any
of the mandatory activities remain uncompleted. The Contracting Officer shall not be obligated to
authorize additional activities at any time if in his/her opinion it is estimated there is insufficient value of
remaining designated timber to cover the value of additional activities.
For Access and Operating Restrictions pertaining to Land Management Activities refer to C5.41#,
C6.351# and C6.316#.
Mandatory Activities
Activity Activity Description
Number
001 Fuel Treatment
004 Ski Area Improvements
006 Road Maintenance
Optional Activities
Activity Activity Description
Number
002 Road Maintenance
003 Bridge Maintenance
005 Noxious Weed Treatment
010 Road Maintenance
011 South Flower Ski Trail Expansion
012 Thinning and Pruning
8
The Special Project Specifications (SPS) and Forest Service Specifications for
Construction of Roads and Bridges (April 1985) applicable to the Land
Management Activities 002, 006, 010 and 011 are included in the Specification List.
Specification List
Latest
Revision
Spec. No. Title Date
101 Abbreviations 1985
SPS 101 Abbreviations 11/85
102 Definitions 1985
SPS 102 Definitions 4/96
103 Intent of Contract 1985
104 Maintenance for Traffic 1985
SPS 104 Maintenance for Traffic 7/85
105 Control of Materials 1985
106 Measurement and Payment 1985
201 Clearing & Grubbing 1985
SPS 201 Clearing & Grubbing 12/13/89
SPS 201B Roadway Brushing 9/22/95
SPS 201D Slash Filter Windrow 3/12/92
202 Removal of Structure& Obstructions 1985
SPS 202 Removal of Structure & Obstructions 12/3/85
203 Excavation & Embankment 1985
SPS 204 Soil Erosion &Water Pollution Control 4/15/02
206A Structure Excavation 1985
SPS206A Structure Excavation 8/24/98
304 Aggregate Base or Surface Course 1985
306 Reconditioning Existing Road 1985
SPS 306 Reconditioning Existing Road 9/10/01
SPS 409 Hot Bituminous Plant Mix For Small Projects 7/30/02
SPS 412 Dust Palliative Treatment 1/96
601 Mobilization 1985
SPS 601 Mobilization 3/15/01
603 Metal Pipe 1985
SPS 603 Metal Pipe 1/19/96
619 Rip Rap 1985
SPS 619 Rip Rap 4/14/89
9
625 Seeding & Mulching 1985
SPS 625 Seeding & Mulching 3/05/01
631 Bin Wall 1985
Section 101 – Abbreviations
101.02 And &
Pay Items & Available Avail
Pay Units Coating Coat
Construction Const
Drawings Dwgs
Government Gov't.
Includes Culvert Excavation Incl Culv Exc
Individual Removal of Trees Ind Removal/Trees
Large Lg
Logs Log
Medium Med
One Thousand Gallons Mile M.Gals.MI. or MGM
Options Opt
Placement Method P.M.
Slash Treatment S.T.
Small Sm
Steel Stl
Structure Str
Thickness TH or Thick
Timber Tbr
Treatment Treat
10
Section 102 – Definitions
Add the following:
"Noxious Weeds or Weeds. Any exotic plant species established or that may be
introduced in the State which may render land unfit for agriculture, forestry, livestock,
wildlife, or other beneficial uses and which is designated by the State's Department of
Agriculture, or by the County's weed management district, or by other appropriate
agencies having jurisdiction, or as listed on the current "All States Noxious Weed
List".
Shop Drawings. Incidental design sheets and/or drawings, which the Contractor is
required to submit to the Forest Service. Shop drawings shall conform to the contract
requirements, but they are not part of the contract drawings. They may be drawings,
diagrams, schedules, performance charts, brochures, and similar data prepared by the
Contractor, subcontractor, manufacturer, suppliers, or distributors that illustrate how
specific portions of the work are to be fabricated or installed.
Weed Management District. A weed management district is any area of land identified
for the purpose of weed management or control. Such an identified land area may be,
but is not limited to one of the following: a project or job site, a County, two or more
Counties, or a National Forest."
Section 104 - Maintenance for Traffic
104.02 Add the following:
Use of Roads by
Contractor "Commensurate with use, the Contractor shall maintain all unpaved Forest Service
controlled roads used for hauling of materials under this contract.
Surface blading, dust abatement and ditch cleaning shall constitute continuous and
effective work prosecuted in accordance with the following specifications so that the
roadway is kept in satisfactory condition at all times.
All costs of this work shall be considered subsidiary to other items in this contract and
the Contractor will not be paid an additional amount for such work.
A. Surface Blading
11
(1) Description: Surface blading is keeping a native or aggregate
roadbed in a condition to facilitate traffic and provide proper drainage.
It includes maintaining the roadway, shoulders, drainage dips, leadoff
ditches, berms, turnouts, and provides a level of smoothness
appropriate for the amount and kind of traffic served and consistent with
existing surfacing.
(2) Requirements
(a) Surface blading shall be repeated during the use period as often as
necessary to facilitate traffic and proper drainage.
(b) The existing roadbed, including turnouts, shall be bladed, shaped to
reasonably conform to the previous cross section, and ruts
eliminated. Existing aggregate surfacing materials shall be bladed to
conserve material and to prevent segregation of particle sizes. Water
shall be applied during blading if sufficient moisture is not present to
prevent segregation. Rocks or other material remaining on traveled-
way surface after the final blading that fail to pass a 4-inch sieve or are
larger than the maximum size of imported surfacing shall be removed
from the road surface. The oversized material shall be disposed of as
agreed.
(c) Roadside cut slopes or berms shall not be undercut.
(d) At intersections, the roadbeds of side roads shall be graded for a
reasonable distance to assure proper blending of the two riding
surfaces.
(e) Drainage dips and leadoff ditches shall be cleaned and maintained
to conform reasonably to their previous line, grade, and cross section.
(f) Berms shall be repaired when necessary by placing selected
material as needed to restore the berm to its original conditions.
B. Ditch Cleaning
(1) Description: Ditch cleaning is removing and disposing of all slough
material from roadside ditches to provide an unobstructed waterway
conforming reasonably to previous line, grade, and cross section.
(2) Requirements
12
(a) Slough Material
(1) Slough material removed from the ditch, if suitable, may be
blended into existing native road surface or shoulder or placed
in designed berm in conjunction with surface blading operations.
Slough material from ditch cleaning operations shall not be
blended into aggregate surfaced roads unless otherwise
agreed.
(2) Slough material that is not blended into existing roads or
placed in berms shall be disposed of as agreed.
C. Dust Abatement
(1) Description:
(a) Dust abatement is keeping a road in such condition that driving is
not hazardous or there is not appreciable loss of surface material.
(b) Water, bituminous products, lignin sulfonates, calcium chloride, and
other material may be used for dust abatement. Materials other than
water will require approval of the Forest Service and shall meet
specifications furnished by the Forest Service.
(2) Requirements
(a) The road surface will be prepared as necessary to permit
reasonable penetration of the selected dust abatement material. Such
preparation shall be in accordance with Surface Blading.
(b) The rate of application will be such that the selected material will
not run off the surface and cause pollution or unnecessary waste."
13
Section 201 - Clearing & Grubbing
CONSTRUCTION
201.02 The following is added:
Clearing &
Grubbing Live and dead trees outside the clearing limits that are designated for individual
removal shall be felled to as stable a position as practicable. Nonmerchantable timber
that falls outside the clearing limits may be left in place. The unmerchantable portion
of the felled trees that falls within the clearing limits shall be disposed of as required in
201.05. All merchantable trees or merchantable portions of trees shall be treated in
accordance with 201.03
Dead trees outside of the right-of-way clearing are designated Purchaser's landings or
the roadbed of specified roads. Unstable live trees meeting these criteria which are a
hazard to Purchaser's operations are also designated for cutting.
201.03 Add the following:
Utilization of
Timber Timber within the right-of-way clearing that meets or exceeds the utilization standards
specified in A2 is part of the timber sale volume. The timber shall be removed by the
Purchaser and presented for scaling at the earliest practicable time after access to
products is authorized by the Forest Service.
201.05 (b) Specific Methods:
Slash Treatment
(5) Burying. Delete and add the following:
Construction slash shall be buried at the locations SHOWN ON THE
DRAWINGS or DESIGNATED ON THE GROUND. Construction slash shall
soil. Bury pits shall not be constructed within 50 feet of a culvert location. The
final surface shall be smoothed and sloped to drain.
(7) Piling and Burning. Delete the first sentence and replace with:
Construction slash shall be piled and burned in areas SHOWN ON THE
DRAWING or DESIGNATED on the ground.
Last two sentences - Delete and replace with the following:
If burning is incomplete, the slash remaining shall be repiled and burned until
pieces are reduced to less than 6 inches in diameter and scattered, there shall be
no concentration of material or pieces touching that create a depth of 12 inches or
14
more.
(8) Decking Unmerchantable Material. Substitute the following:
Logs not meeting utilization standards that are 4 inches or more in diameter,
reasonably sound, and can be used for firewood shall be
placed outside the clearing limits without damaging trees. Firewood logs shall be
limbed, placed away from trees, and positioned so they will not roll. Smaller
material and unsound logs shall be treated by one or more of the included slash
treatment methods for Tops and Limbs.
(12) Placing Slash on Embankment Slopes. Substitute the following:
Construction slash shall be placed on completed embankment slopes to reduce
soil erosion where SHOWN ON THE DRAWINGS and DESIGNATED ON
THE GROUND. Construction slash shall be placed from a point 2 feet below the
shoulder of the road along the embankment slope and outside the clearing limits
without damaging trees. All logs shall be limbed. Stumps shall not be placed on
the embankment slope. Stumps shall be placed away from trees, positioned so
they will not roll, and not be placed on top of one another. Logs shall be placed
along the toe of the embankment perpendicular to the slope. Other construction
slash shall be limbed and scattered to keep depth under 3 feet. Openings shall be
left to allow wildlife passage (approxiamately 10 feet in width every 100 feet).
Priority for the use of available slash shall be given to (1) through fills, (2) inside
of curves, and (3) embankment slopes in drainages.
15
Section 201B – Roadway Brushing
DESCRIPTION
201B.01 This work shall consist of removing limbs, residual slash, live roadside brush, and
Work small trees between the designated brushing limits. The brushing limits shall be AS
SHOWN ON THE DRAWINGS.
CONSTRUCTION
201B.02 All brush and small trees (6 inches diameter, or less, at the point of cut) inside the
Brushing brushing limits and outside the roadbed shall be cut off no higher than 4 inches above
ground level (6 inches for machine brushing). Should rocks or other obstructions be
encountered, the cutting height shall be no higher than 6 inches above the obstruction.
Live trees with a diameter larger than 6 inches should be limbed to a height of 10 feet
above the road surface.
All brush and trees located on the roadbed shall be cut as nearly flush to the road
surface as possible so stumps will not become a hazard to vehicle tires.
201B.03 Windfalls lying within or across the brushing limits shall be limbed and cut off at the
Windfalls top of the existing cutslope. Timber meeting utilization standards shall be limbed and
decked at locations approved by the engineer. Cut windfall material shall be disposed
of as slash.
201B.04 No brushing debris shall be deposited on the roadway of adjoining roads.
Road Junctions
201B.05 All slash shall be scattered outside the brushing limits without damaging residual trees.
Slash Treatment Slash shall be defined as any material cut that has a length greater than 36 inches with a
diameter greater than 3 inches at any point. No material shall be deposited in streams,
streambeds, culvert inlets or outlets, drainage ways, or cattleguards.
MEASUREMENT
201B.06 The method of measurement, described in Section 106, will be Method
Method DESIGNATED in the SCHEDULE OF ITEMS.
Linear measurements will be horizontal along the road centerline.
Quantities will be the number of miles (or stations) and fractions thereof along the road
centerline, regardless of the amount of work required.
16
PAYMENT
201B.07 The accepted quantities will be paid for at the contract unit price for each pay item
Basis. shown in the SCHEDULE OF ITEMS.
Payment will be made under:
Pay Item Pay Unit
201B(01) – Roadway Brushing Mile
201B(02) – Roadway Brushing Station
Section 201D - Slash Filter Windrow
DESCRIPTION
201D.01 It is the intent of this Specification to provide for the construction of a windrow of
Work logging slash that will act as a sediment trap or filter to reduce erosion effects from
newly constructed fill slopes.
MATERIALS
201D.02 Suitable slash shall be conserved from Item 201(01) clearing and grubbing, and
Requirements stockpiled at approved sites. Slash to be conserved shall consist of tops, limbs, and
brush not to exceed 6 inches in diameter, and 12 feet in length. Stumps and root wads
shall not be included, unless reduced to approximate dimensions shown above.
CONSTRUCTION
201D.03 Logs of not less than 8 inches in diameter shall be placed on the fill slope immediately
Utilization of above and parallel to the toe for the windrow to catch against. Reasonably sound cull
Timber logs may be used if available. They shall be firmly anchored against undisturbed
stumps, rocks, or trees, or as otherwise directed by the Engineer.
The windrow shall be constructed using a hydraulic excavator or other equipment
approved by the engineer. All material in the windrow shall be matted down with
construction equipment to form a neat, compact, and uniform pile. Windrows shall be
placed so that they do not interfere with the functioning of drainage structures or block
stream channels, and shall be continuous across the top of culverts.
Windrows shall be constructed only in locations SHOWN ON THE DRAWINGS or
staked by the Engineer, on the fill slope immediately above the toe, and shall meet the
min-max dimensions as SHOWN ON THE DRAWINGS. Windrows shall be
constructed immediately following the fill slope completion.
17
MEASUREMENT
201D.04 The amount to be paid for shall be the number of linear feet of windrow, as measured
Method along the toe of fill, completed and accepted.
PAYMENT
201D.05 The accepted quantities of windrow, determined as provided above will be paid for at
Basis the contract unit price, which price and payment will be considered full compensation
for the work prescribed in this item.
Payment will be made under:
Pay Item Unit
201D(01) - Slash Filter Windrow Linear Foot
Section 202 – Removal of Structures and Obstructions
202.03 Fourth paragraph, add the following:
Removal of
Bridges, Culverts & The structure being removed is not designated for salvage. It shall become the property
Other Structures of the contractor and shall be removed from Forest Service land.
Section 204 – Soil Erosion and Water Pollution Control
DESCRIPTION
204.01 Furnish, construct, and maintain permanent and temporary erosion and sediment
Work control measures.
MATERIALS
204.02 Ensure that materials meet the requirements specified in the following subsections:
Requirements Emulsified Asphalt …………………………………..702.03
Agricultural Limestone ………………………………713.02
Fertilizer ………………………………………………713.03
Seed ..……………………………………………….. 713.04
Mulch …………………………………………………713.05
Erosion Control Net & Blanket Material ……………713.07
Geotextiles …………………………………………...720
18
Straw bales shall be tied with string and shall be approximately 3 feet in length,
rectangular in shape, and approximately 60 pounds in weight.
Straw for erosion and water pollution control shall be from a certified noxious weed
free source.
Sand bags shall be canvas or burlap with a minimum volume of 1/3 cubic foot. Use
clean, silt-free material for sand filler.
Ensure that all other materials are as SHOWN ON THE DRAWINGS or specified in
the SPECIAL PROJECT SPECIFICATIONS.
CONSTRUCTION
204.03 Prior to the start of construction, submit a written plan that provides permanent and
Performance temporary erosion control measures to minimize erosion and sedimentation during and
after construction. Do not begin work until the necessary controls for that particular
phase of work have been implemented. Do not modify the type, size, or location of
any control. An alternate erosion control plan with all necessary permits may be
submitted 30 days before intended use.
Incorporate all permanent erosion control features into the project at the earliest
practicable time, as outlined in the approved plan, to minimize the need for temporary
erosion control.
Before grubbing and grading, construct all erosion controls around the perimeter of the
project, including filter barriers, diversion, and settling structures. When required by
the SPECIAL PROJECT SPECIFICATIONS, schedule clearing and grubbing so that
grading operations and permanent erosion control measures can follow without
interference.
Install any temporary erosion or pollution control measures that are required due to
negligence or carelessness, without compensation.
204.04 Construct erosion control and sediment control measures as follows:
Construction (a) Construct temporary erosion controls in incremental stages as constriction
proceeds.
(b) Construct temporary slope drains, diversion channels, and earth berms to
protect disturbed areas and slopes.
(c) Apply permanent turf establishment to the finished slopes and ditches within 30
days, or as required in the SPECIAL PROJECT SPECIFICATIONS or
SHOWN ON THE DRAWINGS.
(d) Apply temporary turf establishment on disturbed areas that will remain exposed
for more than 30 days.
(e) Construct outlet protection as soon as culverts or other structures are complete.
19
(f) Construct permanent erosion controls, including waterway linings and slope
treatments, as soon as practical or upon completion of the roadbed.
(g) Construct and maintain erosion controls on and around soil stockpiles to
prevent soil loss.
(h) Following each day’s grading operations, shape earthwork to minimize and
control erosion from storm runoff.
204.05 Construct silt fence, straw bales, and brush barriers for filtering sediment from runoff
Filter Barriers and reducing the velocity of sheet flow.
204.06 Construct sediment retention structures of the following types:
Sediment Retention
Structures (a) Temporary Sediment Traps. Construct temporary sediment traps to detain
runoff from disturbed areas and settle out sediment. Provide outlet protection.
(b) Sediment Basins. Construct sediment basins to store runoff and settle out
sediment for large drainage areas. Construct sediment basins according to Section 203.
Construct riser pipes according to Section 603A or 603B. Provide outlet protection.
204.07 Construct riprap aprons or basins to reduce water velocity and prevent scour at the
Outlet Protection outlet of the permanent and temporary erosion control measures. Construct riprap
according to Section 619.
204.08 Construct temporary culvert pipe at temporary crossings where construction vehicles
Water Crossings cross a live waterway.
204.09 Construct temporary channels, temporary culverts, earth berms, or sandbags to divert
Diversions water around disturbed areas and slopes. Use temporary channels, temporary culverts,
pumps, sandbags, or other methods to divert the flow of live streams for permanent
culvert installations and other work. Stabilize channels and provide outlet protection.
204.10 Use plastic lining, riprap, check dams, erosion control blankets and mats, and
Waterway & Slope temporary slope drains as follows:
Protection &
Stabilization (a) Plastic Lining. Use plastic lining to protect underlying soil from erosion. Place
the plastic lining loosely on a smooth surface free of projections or depressions
that may cause the liner to puncture or tear. Lap transverse joints a minimum
of 2 feet in the direction of flow. Do not use longitudinal joints. Anchor the
lining in place using riprap.
(b) Riprap. Construct riprap for channel lining according to Section 619.
(c) Check Dams. Construct riprap, sandbags, or earth berms for temporary dams to
reduce the velocity on ditches and swales.
20
(d) Temporary Slope Drains. Use drainpipe, riprap, or plastic lined waterway for
temporary slope drains to channel runoff down slopes. Channel water into the
slope drain with an earth berm constructed at the top of a cut or fill. Anchor
slope drains to the slope. Provide outlet protection.
204.11 Apply seed, fertilizer, and mulch for soil erosion protection at the rates SHOWN ON
Temporary Turf THE DRAWINGS or in the SPECIAL PROJECT SPECIFICATIONS.
Establishment
204.12 Inspect all erosion control facilities at least every 7 days, within 24 hours after more
Inspection & than ¾ inch of rain in 24 hours, and as required in the contract permits.
Reporting
Furnish inspection reports that include the following:
(a) Summary of the inspection.
(b) Names of personnel making the inspection.
(c) Date and time of inspection.
(d) Observations made.
(e) Corrective action necessary.
204.13 Maintain temporary erosion control measures in working condition until the project is
Maintenance & complete or the measures are no longer needed. Clean erosion control measures when
Cleanup half full of sediment. Use the sediment in the work, if acceptable, or place it in
accordance with Section 203.06
Replace erosion control measures that cannot be maintained and those that are
damaged by construction operations.
Remove and dispose of temporary erosion control measures when the turf is
satisfactorily established, and when drainage and channels are lined and stabilized.
Remove erosion control measures from the project. Make arrangements with property
owners and haul debris to suitable disposal locations as approved by the CO. Furnish a
signed copy of the disposal agreement. Hazardous materials must be properly disposed
of.
Restore the ground to its natural or intended condition and provide permanent erosion
control measures.
MEASUREMENT
204.14 Use the method of measurement that is DESIGNATED IN THE SCHEDULE OF
Method ITEMS.
21
PAYMENT
204.15 The accepted quantities will be paid for at the contract unit price for each PAY ITEM
Basis DESIGNATED IN THE SCHEDULE OF ITEMS.
Payment will be made under:
Pay Item Pay Unit
204(01) Temporary seeding and fertilizing Acre
204(02) Mulching Ton
204(03) Asphaltic material Gallon
204(04) Temporary netting Square yard
204(05) Straw bales Each
204(06) Gravel blanket Cubic yard
204(07) Silt fence Linear foot
204(08) Brush barrier Linear foot
204(09) Sediment basin Each
204(10) Berm Linear foot
204(11) Dike linear foot
204(12) Dam Each
204(13) Temporary water bars Each
204(14) ______ for soil erosion and pollution control Each
204(15) ______ for soil erosion and pollution control Linear foot
204(16) ______ for soil erosion and pollution control Square yard
204(17) ______ for soil erosion and pollution control Acre
204(18) ______ for soil erosion and pollution control Cubic yard
22
204(19) Soil erosion and pollution control Lump sum
204(20) Geotextiles Square yard
TABLE 204
PAY DESCRIPTION TIMING OF
ITEM NO. OF WORK CONSTRUCTION DURATION
201 ( ) Mandatory Slash Windrows in At time of pioneer road Permanent
locations shown on the drawings. construction at live streams.
Concurrent with subgrade
construction. At construction
time of designated feature on
reconstruction and maintenance
projects.
201 ( ) Placing Slash on Embankment Within __10___ days of Permanent
Slopes constructing to grade and/or
construction of designated
feature.
Within _N/A_ days after _____
(date).
203 ( ) Culvert Catch Basins and Ditch Concurrently with culvert Permanent
Transitions installation.
203 ( ) Inslope/Outslope as shown on the Continuously as road is roughed Permanent
drawings. to grade.
203 ( ) Ditches Concurrent with subgrade Permanent
construction.
203 ( ) Drainage Dips in locations Concurrent with subgrade Permanent
shown on the drawings. construction.
203 ( ) Sediment Basins in locations Prior to culvert installation. Permanent
shown on the drawings.
203 ( ) Earth Berms (minimum 1 foot Maintain continuously in all areas Temporary
high) on shoulder(s) of road in fill roughed to grade until gravel
areas as directed by the Engineer. surfacing is placed, or final
Earth berms to be bladed back blading is completed for native
and incorporated into road surfaced roads.
subgrade.
203 ( ) Waterbars in all areas of Maintain continuously in all areas Temporary
disturbed earth. In areas not until drainage, grading and/or
constructed to grade or without surfacing is placed.
completed permanent drainage
features.
23
203 ( ) Pioneer Roads The total length of all pioneer Temporary
roads shall not exceed _1000_
lineal feet after _N/A_ (date).
203 ( ) Armoured Slopes in locations Within __5__ days of Permanent
shown on the drawings. constructing to grade and/or
construction of designated
feature.
Within __5__ days after _10/1__
(date).
PAY DESCRIPTION DESCRIPTION
ITEM NO. OF WORK OF WORK DURATION
204 ( ) Straw Bales in locations shown When directed by the Engineer or Temporary
on the drawings or to stabilize immediately upon discovering
eroding areas. active erosion.
204 ( ) Silt Fence in locations shown on When directed by the Engineer or Temporary
the drawings or to stabilize immediately upon discovering
eroding areas. active erosion.
204 ( ) Silt Fence in locations shown on Concurrent with subgrade Permanent
the drawings or to stabilize construction/reconstruction.
eroding areas. When directed by the Engineer or
immediately upon discovering
active erosion.
204 ( ) Mulching in locations shown on When directed by the Engineer or Temporary
the drawings or to stabilize immediately upon discovering
eroding areas. active erosion.
204 ( ) Asphaltic Material in locations When directed by the Engineer or Temporary
shown on the drawings or to immediately upon discovering
stabilize eroding areas. active erosion.
204 ( ) Temporary Netting in locations When directed by the Engineer or Temporary
shown on the drawings or to immediately upon discovering
stabilize eroding areas. active erosion.
204 ( ) Gravel Blanket in locations When directed by the Engineer or Temporary
shown on the drawings or to immediately upon discovering
stabilize eroding areas. active erosion.
204 ( ) Geotextile in locations shown on When directed by the Engineer or Temporary
the drawings or to stabilize immediately upon discovering
eroding areas. active erosion.
204 ( ) Temporary Seeding Maximum of 1000 Lineal Feet of Temporary
road unseeded. Seed application
will be 10#'s/acre of Annual Rye
24
from April 15 to October 15, or
10#'s/acre of Winter Wheat from
August 15 to October 15 and/or
other areas as designated by the
Engineer.
207 ( ) Dams/Dikes and Culvert Blocks To be removed within Temporary
used for water supply ____5_____ days of road
development. completion or when directed by
the Engineer.
306 ( ) Inslope/Outslope as shown on the Continuously as road is Permanent
drawings. reconditioned.
603 ( ) Culverts - Live Streams and Dry At time of initial crossing. Permanent
Streams
Within __5__ days of roughing to
Culverts - Cross/Drains grade.
619 ( ) Culvert/Inlet/Outlet/Riprap in Within __5__ days of culvert Permanent
locations shown on the drawings. installation.
640 ( ) Road Closure Devices No later than October 15. Permanent
Section 206A - Excavation For Culverts & Minor Structures
CONSTRUCTION
206A.03 Add, following the first paragraph:
Excavation
Erosion control shall be in accordance with section 204.
Delete the fourth paragraph and replace with the following:.
Where culverts 24 inches in diameter and smaller are to be placed in trenches
excavated in embankments, then the excavation shall be at least as wide as one
diameter plus one diameter on each side. For culverts larger then 24 inches in diameter
the excavation shall be at least as wide as one diameter plus one half the diameter on
each side.
MEASUREMENT
206A.08 Add:
Method
"(c) Excavation for pipe culverts with diameter of 48 inches or smaller and for pipe
arches 57 inches by 38 inches or smaller shall not be measured."
25
PAYMENT
206A.09 After the first sentence, add:
Basis
"Payment for excavation for pipe culverts with diameter of 48 inches or smaller and for
pipe arches 57 inches by 38 inches or smaller shall be included as a subsidiary item to
Sections 603, 603A, and 603B. No separate payment shall be made under this section
or under Sections 603, 603A, or 603B."
Add:
Pay Item Pay Unit
206A(01) - Minor Structure Excavation L.S.
206A(02)A - Pipe Culvert Excavation L.S.
Section 306 - RECONDITIONING EXISTING ROAD
CONSTRUCTION
306.02 Delete the first paragraph and substitute the following:
Performance.
For unsurfaced roads the roadbed shall be scarified at locations and to the depth as
SHOWN ON THE DRAWINGS. Any rock larger than 4 inches brought to the surface
during scarification will be disposed of in areas as SHOWN ON THE DRAWINGS.
For unsurfaced roads or portions of unsurfaced roads not requiring scarification, the
roadbed may contain rocks larger than 4 inches provided they do not extend above the
finished roadbed surface. Rocks extending above the finished roadbed surface shall be
reduced in place or removed an disposed of as SHOWN ON THE DRAWINGS.
The subgrade for both surfaced and unsurfaced roads shall be visibly moist during
blading and shaping.
26
SECTION 409 - HOT BITUMINOUS PLANT MIX FOR SMALL PROJECTS
DESCRIPTION
409.01 This work shall consist of constructing one or more courses of hot bituminous plant
Work mix on a prepared base or roadbed. Surfaces to be constructed upon shall be
approved, in writing, by the Engineer prior to placing plant mix.
MATERIALS
409.02 Asphalt mixture shall consist of a 5/8-inch or smaller size crushed aggregate, mixed
Job Mix Formula with suitable asphalt in proportions, which meet Montana State specifications for
asphalt materials. A compatible asphalt tack coat shall be applied which shall meet
Montana State specifications for tack coat materials. The tack coat shall consist of a
dilute emulsion applied at 0.10 gallons per square yard and allowed to cure for at least
15 minutes prior to mix placement.
CONSTRUCTION
409.03 Plants used for preparation of hot bituminous mixtures shall be manufactured for that
Bituminous Mixing purpose, in good repair and capable of mixing the material to a uniform consistency.
Plants
409.04 Trucks used for hauling bituminous mixtures shall have tight, clean, smooth metal
Hauling Equipment beds that have been thinly coated with a material that prevents the mixture from
adhering to the beds. Truck beds shall be drained prior to loading. Each truck shall
have a cover readily available to protect the mixture from cold or wet weather.
409.05 Bituminous pavers shall be self-contained, power-propelled units, provided with an
Bituminous Pavers adjustable activated-screed or strike-off assembly, heated if necessary, and capable
of spreading and finishing courses of bituminous plant mix material in lane widths and
thickness SHOWN ON THE DRAWINGS.
409.06 Rollers used for breakdown rolling shall be the vibratory steel-wheel type. A 5 to 8 ton
Rollers (operating weight) roller shall be used wherever possible. Rollers over 8 tons may be
used provided the surface finish is acceptable. A 3 to 5 ton roller may also be
required where the 5 to 8 ton roller does not provide a suitable surface finish.
Vibratory rollers shall be equipped with amplitude and frequency controls and
specifically designed for compacting asphalt pavement. Vibratory plate compactors
shall be used on pavement that is not accessible to rollers.
409.07 The bituminous mixture shall not be placed when the base temperature is less than
Weather 45oF, on a wet surface, on an unstable road section, or when adverse weather
Limitations conditions prevent the proper handling, finishing, or compaction of the mixture as
determined by the Engineer. When precipitation occurs, additional asphalt mix shall
not be discharged from the mixing plant, and all loads in transit shall be covered. The
bituminous mixture shall not be discharged from trucks until after precipitation has
stopped.
27
409.08 Immediately before placing the bituminous mixture, the roadbed shall be cleaned of
Conditioning of loose and deleterious material. The Contractor shall assure that the base course
Roadbed compaction is adequate for obtaining the required density in the hot bituminous mix.
The existing pavement adjacent to the repair area shall be saw cut back one foot from
the edge. The cut shall be vertical and at right angles to the direction of travel.
Contact surfaces of existing pavement shall be painted with a thin, uniform coating of
bituminous material prior to placing bituminous mixture. Payment for bituminous
coating material will be incidental to Item 409(01).
409.09 The contractor shall supply a certification from the mixing plant stating that the mix
Control & conforms to the approved job mix formula. The maximum mix temperature shall be as
Acceptance of stated in the job mix formula, but not to exceed 320oF.
Bituminous Mixture
409.10 The mixture shall be transported from the mixing plant to the point of use in trucks that
Transporting, meet Subsection 409.08 requirements. Prior to paving, the contractor shall set
Spreading & horizontal line control for the paver to follow. Line control shall consist of string line or
Finishing a paint line, on centerline or offset from centerline. In addition, all parking lot edges
and radii shall be marked with a string or paint line.
The longitudinal joint in one layer shall offset that in the layer immediately below by
approximately 6 inches. The joint in the top layer shall be at the centerline of a two-
lane traveled way. Transverse joints in succeeding layers and in adjacent lanes shall
be offset at least 10 feet. Transverse joints shall be constructed with building paper or
other methods approved by the Engineer when there is more than a 20-minute
interruption in mix placement. Where hot mix is placed for overlays over existing
pavement, the transition section to full thickness shall be greater than 10 feet in
length.
Where areas with irregularities or unavoidable obstacles make the use of mechanical
spreading and finishing equipment impractical, the mixture may be placed and finished
by other equipment approved by the Engineer.
409.11 Compaction shall be performed with vibratory rollers meeting requirements of
Compaction Subsection 409.06. Initial breakdown rolling shall be accomplished while the mix
Control & temperature on the ground exceeds 250ºF. A minimum of three roller passes shall be
Acceptance made with the breakdown roller operating in the vibratory mode. Rolling shall continue
until no roller tracks remain. Rolling that creates transverse tension cracks at lower
pavement temperatures shall not be permitted. If the required temperature is not met,
the material shall be removed and replaced at the contractor’s expense.
409.12 The thickness of the compacted hot mix shall not vary more than 15% from the
Thickness thickness shown on the drawings and shall not be consistently above or below the
specified thickness.
28
MEASUREMENT
409.13 The method of measurement, as described in Section 106, will be DESIGNATED in
Method the SCHEDULE OF ITEMS.
The quantity of plant mix bituminous mixture will be the number of tons used in the
accepted work with no deduction for the weight of liquids contained in the mixture.
The Contractor shall furnish certified scale tickets showing tons of plant mix
bituminous mixture used in the work.
PAYMENT
409.14 The accepted quantities will be paid for at the contract unit price for the pay item
Basis shown in the SCHEDULE OF ITEMS.
Payment will be made under:
Pay Item Pay Unit
409(01) - Hot Bituminous Plant Mix TON
Section 412 - Dust Palliative Treatment
DESCRIPTION
412.01 This work shall consist of, furnishing, sampling and applying
Work dust palliative to a road surface. Road surface preparation requirements are
DESIGNATED IN THE SCHEDULE OF ITEMS.
29
MATERIALS
412.02 The type of material shall be as shown on the SCHEDULE OF ITEMS and shall meet
Requirements the specified requirements shown below:
Magnesium or Calcium Chloride Brine
Chloride brines shall consist of water and magnesium and/or calcium chloride. The
chemical composition, percent by weight brine, shall be as follows:
Chloride Concentration (Sum of Magnesium & Calcium Chloride)
Magnesium Chloride products 28.0 % minimum
Calcium Chloride products 36.0 % minimum
Sulfate 4.3 % maximum
Nitrate 5.0 % maximum
(Test method R1-412/Cl must be used. It is available upon request from USDA Forest
Service, Regional Materials Engineering Center, P.O. Box 7669, Missoula, Montana
59807)
The pH shall be between 4.5 and 10.0. The temperature of the material shall be 40ºF or
above when it is applied.
Calcium Chloride Flake
The chemical composition as shown below, shall be determined by ASTM E 449-79 on
a percent by weight basis:
Calcium Chloride (CaCl2) 77% Minimum
Total Alkali Chlorides (as NaCl) 3% Maximum
Calcium Hydroxide (Ca(OH)2) 0.3% Maximum
Particle size shall be as follows: 100% pass the 3/8" screen, 80 to 100% pass the #4
screen, and 0 to 5% pass the #30 screen
Lignin Sulfonate
Lignin Sulfonate shall be the residue produced by the acid-sulfite pulping of wood.
The base cation shall be ammonium, calcium, or sodium. Lignin sulfonate shall be
supplied as a uniform mixture and shall be miscible with an equal weight of water.
The undiluted material shall shall conform to the following requirements:
pH (AASHTO T200) 4.5 minimum
Viscosity at 77º F (AASHTO T202) 20.5 poise maximum
Total Lignin Solids Concentration 48 % Minimum
(Test method R1-412/LS must be used for Total Lignin Solids Concentration. It is
available upon request from USDA Forest Service, Regional Materials Testing
Laboratory, P.O. Box 7669, Missoula, Montana 59807)
The solids must meet the following requirements:
30
Lignin Sulfonate 50 % minimum
Reducing Sugars 25 % maximum
The temperature of the material during application shall be between 40 and 140oF
Clarified Dust Oil DO-4
Clarified Dust Oil shall conform to the following requirements:
Flash Point (AASHTO T48) 200º F min
Kinematic Viscosity @ 100º F (AASHTO T201) 20-100 cSt
Water (AASHTO T55) 0.2 % max
Asphaltenes (ASTM D3279) 0–5%
Saturates (R1-412/DO-4) 10 % min
Volume of Oil Distillate @ 550º F (AASHTO 5 % max.
T59)
Viscosity of Residue by Distillation at 100º F 400 cSt max
(AASHTO T201)
Test Method R1-412/DO-4 is available from USDA Forest Service, Regional Materials
Laboratory, P.O. Box 7669, Missoula, MT 59807
The material temperature during application shall be above 85º F.
412.03 Certificate (a) Certification with Shipments. When each load of dust palliative is delivered, the
& Sampling contractor shall furnish the Engineer with one copy of the Bill of Lading and a fully
executed Certificate of Compliance containing the applicable information shown in
Figure 412-1. A separate Certificate of Compliance will not be required if the standard
Bill of Lading contains the applicable information required by the certificate.
(b) Sampling. Sampling of dust palliative may be required to validate certifications
furnished by the contractor. When sampling is directed by the Government the actual
samples shall be obtained by the contractor. The Engineer will be given the
opportunity to witness sampling. All liquid delivery equipment shall be constructed to
permit sampling in conformance with AASHTO T40 test procedure.
CERTIFICATE OF COMPLIANCE
Consignee Destination
Transportation ID (Truck No., etc) Date
Percent Concentration by Weight: Magnesium Chloride: %
Calcium Chloride : % Lignin Sulfonate: %
Net Weight Total Shipment Net Gallons @ 60 oF
Specific Gravity @ 60 oF
This shipment of identified above and covered by this
Certificate of Compliance complies with Forest Service Specifications
applicable to Contract Number __________________.
31
Producer Signed
Producer's Representative)
Figure 412 - 1. -- Sample Certificate of Compliance.
CONSTRUCTION
412.04 All dust abatement materials shall be applied only when the surface to be treated
Weather contains appropriate moisture to get adequate penetration and absorption of dust
Limitations abatement materials. Application during a light rain is acceptable provided the material
penetrates the road surface, and does not flow to low areas or off the road surface.
Chloride brines and Lignin materials shall be applied only when the temperature is
40º F or higher and the ground is not frozen.
To accelerate the penetration and absorption of calcium chloride flake materials, the
road surface may be dampened prior to or after the flake application.
Clarified Dust Oil shall be applied only when the road surface and atmospheric
temperature is 50º F or more and rising or above 60º F and falling.
412.05 The distribution equipment shall be so designed, equipped, maintained, and operated
Equipment such that the dust abatement material may be applied uniformly on variable widths of
surface. Application shall be at readily determined and controlled rates from 0.10 to
0.50 gallons per square yard with uniform pressure and application. The allowable
variation from the specified application rate shall not exceed 10% of the specified rate
for individual distributor loads, and 2% of the specified rate for the entire project.
For liquid products the following requirements shall apply: (1) The spray pattern from
each nozzle on the spray bar shall be uniform across the spray bar; (2)Distribution
equipment shall include accurate volume measuring devices or a calibrated tank, a
thermometer for measuring temperatures of tank contents, and a hose and nozzle
attachment for applying material to areas inaccessible to the spray bar.
Calcium Chloride Flake shall be spread with equipment that evenly distributes the
material across the required road width. The weight of flake in distribution vehicles
trucks shall be accurately determined prior to application. The relative weight of
material placed shall be easily determined during application.
412.06 One or more of the following preparation and application methods shall be followed as
Preparation of Road DESIGNATED IN THE SCHEDULE OF ITEMS.
Surface
Method 1. Apply the dust palliative directly to the previously prepared surface.
32
Method 2 and 3 the road surface shall be processed by blading below the elevation of
ravelling, washboarding, and pot holes. The top two inches of surfacing material shall
have a moisture content greater than 5 percent. After processing, the surface shall be
shaped by blading to the required cross section SHOWN ON THE DRAWINGS. The
prepared surface shall be approved in writing by the Engineer prior to treatment.
Method 2. A layer of loose cushion material approximately 1 inch in depth shall be
developed for the full width of traveled way and kept in as loose a condition as
possible prior to applying dust palliative. After the dust palliative has penetrated and
pickup of material will not occur, the surface shall be compacted as SHOWN ON THE
DRAWINGS, or compacted over the full treated width with either roller(s) or loaded
truck(s).
If the one inch layer of cushion material becomes compacted by traffic prior to
treatment, a one inch thickness shall be cut from the surface and bladed into a berm on
the shoulder. Just prior to applying the dust palliative, the material in the berm shall be
bladed to a uniform depth across the full width of the previously watered surface. The
loose material shall have a moisture content greater than 5 percent just prior to
applying dust palliative. After application, compact as specified above.
Method 3. Approximately 1 inch of the surface material shall be bladed into a berm on
the shoulder. The initial application shall then be made on the existing surface. As
soon as practical, but no more than 1 hour after application, the material in the berm(s)
shall be bladed to a uniform depth across the previously treated surface and watered if
necessary, to meet the 5 percent minimum moisture content. The second application
shall then be applied. Compaction shall be performed as specified in Method 2.
412.07 Dust palliative application rates and width of road surface to be covered shall be as
Application of Dust SHOWN ON THE DRAWINGS. For liquid products the rate is expressed as gallons
Palliative per square yard and for Calcium Chloride Flake, the rate is expressed in pounds per
square yard. If the actual application rate is less than specified, the dust abatement
material left over will be applied at locations and application rates designated by the
Engineer. If the application rate used by the contractor is greater than specified and
additional material is required to complete the project coverage, the additional material
shall be furnished and applied at the Contractor's expense.
The Engineer may field test Chloride brines and Lignin materials prior to application to
make sure that the products meet the minimum concentrations specified. Acceptance
of the material will be based on the concentration shown on the manufacturer's
certificate, or on results of laboratory quality assurance tests done by the Forest Service
on samples taken from distribution or hauling vehicles.
Uniform distribution shall be obtained at all points. For liquid products the spray
pattern from each nozzle on the spray bar shall be uniform across the spray bar. For
flake products, the coverage will be uniform on the road surface. Overlapping or
33
skipping between spread sections shall be corrected. Accidental spillage and areas
with excess dust palliative that are hazardous to traffic shall be covered with additional
road surfacing material at the contractor's expense. The surface of adjacent structures
and trees shall be protected from spattering or marring. Dust palliative material shall
be discharged only in approved areas, and shall not be allowed to flow into ditches or
stream courses.
412.08 The treated road surface shall be open to traffic within two hours following treatment.
Maintenance & Traffic control and the prevention of vehicle undercoating is the contractor's
Opening Traffic responsibility. If dust abatement material is picked up by vehicles, the contractor shall
apply road surfacing blotter material, and if necessary apply more dust abatement
material to repair the damage. No compensation will be made for blotter or the
additional dust abatement material to correct these problems. Reductions in payment
may be made where traffic control and repair of the treated surface are not adequate
MEASUREMENT
412.09 The method of measurement, as described in Section 106, will be DESIGNATED in
Method the SCHEDULE OF ITEMS.
PAYMENT
Pay Item Pay Unit
412(05) - Clarified Dust Oil DO-4, Preparation Method _______ Ton
412(06) - Clarified Dust Oil DO-4, Preparation Method _______ Gal.
412(07) - Magnesium Chloride Brine @ 28% minimum Concentration, Ton
Preparation Method _______
412(08) - Magnesium Chloride Brine @ 28% minimum Concentration, Gal.
Preparation Method _______
412(09) - Lignin Sulfonate Solution @ 48% minimum Concentration, Ton
Preparation Method _______
412(10) - Lignin Sulfonate Solution @ 48% minimum Concentration, Gal.
Preparation Method _______
412(13) - Calcium Chloride Brine @ 36% minimum Concentration, Ton
Preparation Method _______
412(14) - Calcium Chloride Brine @ 36% minimum Concentration, Gal.
Preparation Method _______
412(15) - Magnesium Chloride Brine @ 28% minimum Concentration L.S.
or Calcium Chloride Brine @ 36% minimum Concentration,
or Calcium Chloride Flake @ 77% minimum Concentration,
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Preparation Method _______
412(16) - Calcium Chloride Flake @ 77% minimum Concentration, Ton
Preparation Method________
Section 601 – Mobilization
DESCRIPTION
601.01 In order to prevent the spread of noxious weeds the contractor shall be required to
Work clean all construction equipment prior to moving it to the project area. This
Add the following: cleaning shall remove all soil, plant parts, seeds, vegetative matter, or other debris
that could contain or hold seeds. Only construction and maintenance equipment
and the equipment necessary to transport said equipment, so cleaned and inspected
by the Forest Service will be allowed to operate within the project area. All
subsequent move-ins of equipment to the project area shall be treated in the same
manner as the initial move-in. This requirement does not apply to service vehicles,
water trucks, pickups, cars, and/or similar vehicles.
Contractor shall employ whatever cleaning methods are necessary to ensure that
construction and maintenance equipment is free of noxious weeds. Equipment
shall be considered free of soil, seed, and other such debris when a visual
inspection does not disclose such material. Disassembly of equipment, components
or the need for specialized inspection tools is not required.
Unless otherwise agreed, Contractor shall give the Forest Service at least 24 hours
notice when equipment is ready for inspection. Notification will include an agreed
upon location where the equipment will be available for inspection by the Forest
Service. Inspection will be required after every cleaning.
Forest Service shall approve the methods of cleaning and the locations for the
cleaning.
New infestations of noxious weeds of concern to Forest Service and identified by
either Contractor or Forest Service, on the Project Area or on the haul route, shall
be promptly reported to the other party. Contractor and Forest Service shall agree
on treatment methods to reduce or stop the spread of noxious weeds when new
infestations are found. A current list of noxious weeds of concern to Forest Service
is available at each Forest Service office.
MEASUREMENT
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601.02 The initial cleaning is not included in measurement for payment. Subsequent
Method cleanings as directed by the Forest Service are included in measurement for payment.
Add the following: Subsequent cleanings necessitated by the contractor’s actions but not directed by the
Forest Service will not be included for payment.
PAYMENT
601.03 The accepted quantities will be paid for at the contract unit price for each pay item
Basis shown in the SCHEDULE OF ITEMS.
Add the following:
Pay Item Pay Unit
601(02) Equipment Cleaning………………………………… Each
Section 603 - Metal Pipe
CONSTRUCTION
603.08 Add:
Backfilling
Method D. Backfill material shall receive a minimum of three complete passes with a
mechanical tamper for each 6" lift. "
Section 619- Riprap
MATERIALS
619.02 Add the following:
Hand-Placed,
Machine Placed & Stone from the project site may be utilized for riprap.
Dumped Riprap
Section 625 – Seeding and Mulching
CONSTRUCTION
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625.03
Seeding Seasons. "Seed shall be placed on portions of road fill and/or back slopes, waste areas, and other
disturbed areas that have been constructed to template lines within 5 days of the
construction activity unless otherwise specified in writing by the Engineer."
625.05 The following is added:
Application
Methods for Seed, "The kinds of seed to be furnished and the amounts to be applied in terms of pure live
Fertilizer & seed shall be as follows:
Limestone.
Kind of Seed Quantity of Pure Live Seed
(Lbs/Acre)
1. Winter Wheat 12
2. Hard Fescue 6
3. Orchard Grass 6
4. Alsike Clover (Inoculated) 6
Total 30
Pounds of seed to be furnished per acre shall be obtained by dividing the pounds of
pure live seed required per acre by the product of the percent purity and percent
germination.
Example: 5 lbs Pure Live Seed/Acre = 6.55 lbs Commercial Seed Per Acre
0.90 x 0.85 (Purity = 90% and Germination = 85%)
Seed shall be applied by the Dry method. Fertilizer shall be applied at a rate of
* pounds per acre in 1 applications by the Dry method and have a chemical
analysis as listed below:
Nutrient 1st Application 2nd Application
Percent Percent
Nitrogen, N 25 25
Phosphorus, P2O5 10 10
Potassium, K 10 10
* Note: 1st Fertilizer Application at 240 lbs/acre with seed. If a second application is
specified, the rate shall be 200 lbs/acre the season following the application of seed.
Limestone shall be applied at a rate of N/A pounds per acre by the N/A method."
625.06 The following is added:
Application of
Mulch. "Mulch material shall be N/A and shall be applied at a rate of N/A pounds per acre.
Asphalt emulsion used as a tiedown or adhesive shall be applied at a rate of N/A
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gallons per acre.
Wood cellulose mulch shall be applied at a rate of N/A pounds per acre.
When mulch is required, it may/may not be applied in a one-step operation with the
seed and fertilizer."
Activity Number 001 – Fuel Treatment (Mandatory Activity)
General
Slash consists of all woody material standing and down resulting from Purchaser’s operations.
Tops and unutilized portions of trees felled to land outside of designated cutting unit boundaries shall be
skidded or placed at least 50 feet inside such cutting unit boundary.
Landing Cleanup
Purchaser shall pile all logging and landing construction slash on and within 50 feet of each landing.
Any bunching or decking area is considered a landing. Piles shall be constructed by machine, by hand,
or a combination of these means. Piles shall be reasonably compact and free of soil to facilitate burning.
Piles shall be placed in a location where residual timber will not be damaged during burning, but not
where they will impair safe travel on roads.
Roadside Cleanup
Purchaser shall dispose of all logging slash which he creates within the clearing limits of County and
Forest Service roads prior to the end of Normal Operating Season. Slash shall be piled outside of the
right-of-way clearing, unless an alternate method of disposal is agreed to in writing. Piles shall be
reasonably compact and free of soil to facilitate burning. Piles shall be placed in a location where
residual timber will not be damaged during burning, but not where they will impair safe travel on roads
or public safety. When weather permits operations after Normal Operating Season, Purchaser shall keep
such work on any disturbed areas as current as practicable.
Common to all Treatment Areas
1. Damaged residual that occurs as a result of purchasers operations shall be felled and disposed of as
designated by Forest Service.
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2. Ponderosa pine and larch of non-sawtimber size and good quality are to be retained. Trees retained
shall be determined using the following indicators for tree quality.
(1) Indicators of Desirable Leave Trees are:
Straight stem
Small branch diameter
Good coloration
Well-formed crown
Branches horizontal or slightly angled to bole
Free of insect and disease damage and/or symptoms
Vigorous annual terminal growth
Crown class
The indicators as well as overall tree vigor are important criteria for leave tree selection. The most
prominent indicator for vigor is annual terminal growth for the past 1 to 3 years.
(2) Indicators of Undesirable Trees are:
Poor crown form
Crook or sweep in bole
Dead or broken tops
Multiple tops
Poor coloration
Large branch diameter
Insect and disease
Branches more than 45 degrees from horizontal
Physical or mechanical damage
Suppressed
Poor annual growth
Fuel Treatment/Timber Harvest Units
In Units 1A and 13, Purchaser shall dispose of all logging slash.
In Units 1, 2, 7, 8, 10 and 12, Purchaser shall leave all existing down coarse woody debris and shall
dispose of all logging slash. All ladder fuels shall be felled and disposed of throughout the unit unless
otherwise stated. Ladder fuels consist of all green and dead coniferous trees 1 inch and greater in
diameter and 5 feet and greater in height, except for those trees designated to be left under C2.359#
(Units 1,2,7) and C2.36 (Units 8,10,12).
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Unit Total Remarks
Treatment
Acres
1 77
2 24
Ladder fuel areas flagged in Pink, with painted Blue
7 116
dots. Treatment areas equal 9 acres. Refer to SAM.
Ladder fuel area extends 100 feet on the uphill side of
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8 the clearing limits of the Granite Creek Road.
Treatment area equals 19 acres. Refer to SAM.
10 27
Ladder fuel area is located on north side of unit,
12 66 flagged in Pink with painted blue dots. Treatment
area equals 3 acres. Refer to SAM.
In Unit 4, Purchaser shall disposal of all logging slash, and fell and dispose of all ladder fuels, which
consist of all green and dead coniferous trees 1 inch to 7 inches in stump diameter and 5 feet and greater
in height, except for those trees designated to be left under C2.36.
Purchaser shall leave 3 to 4 tons per acre of down coarse woody debris greater then 5 inches in diameter,
distributed uniformly throughout the unit.
In Units 6 and 12B, Purchaser shall disposal of all logging slash, and fell and dispose of all ladder fuels,
which consist of all green and dead coniferous trees 1 inch and greater in diameter and 5 feet and greater
in height, except for those trees designated to be left under C2.358# (Unit 6) and C2.36 (Unit 12B).
Purchaser shall leave 3 to 4 tons per acre of down coarse woody debris greater then 5 inches in diameter,
distributed uniformly throughout the unit.
Unit 12B --- No equipment is allowed to operate within the Special Treatment Zone (STZ). Non-
merchantable material shall be removed and piled outside of the STZ. STZ is designated with Orange
flagging, paint and signs.
Unit Treatment Remarks
Acres
4 5
6 37
12B 20 STZ located within unit.
Fuel Treatment/Service Areas
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The boundaries of Service Areas are designated by streaks of Blue paint on three sides of the boundary
trees extending from near the ground to a height of four feet or more. Trees used for boundary
designation are not to be cut.
Any snags felled for safety reasons shall be left on site
In Area 3 Purchaser shall fell and dispose of ladder fuels. Ladder fuels consist of all green and dead
coniferous trees, except for Ponderosa pine, from 1 inch to 7 inch in stump diameter and 5 feet and
greater in height. Purchaser shall leave all existing down coarse woody debris.
In Area 5 Purchaser shall fell and dispose of ladder fuels and existing down material. Ladder fuels
consist of all green and dead coniferous trees, except for Ponderosa pine, from 1 inch to 7 inch in stump
diameter and 5 feet and greater in height.
Unit Treatment Remarks
Acres
3 47
5 1
Pile Burning Requirements:
Purchaser/Contractor shall be responsible for burning all slash that is piled as a result of harvest or fuel
treatment activities. Any landing piles created in harvest Unit #6 are not to be burned.
In addition to requirements stated under C6.711, the following stipulations apply to pile burning.
Notify the Forest Service, Libby Ranger District Fire Management, before pile burning activity
begins.
Burn season for pile burning is limited to the month of November, when fire danger is low and
probability of escape is minimal.
Secure an Air Quality Burn Permit from Lincoln County Department of Environmental Quality
and follow permit regulations regarding burn day approvals.
Chunk piles located within 100 feet of open roads to insure that slash is 100% consumed.
Chunk landing piles located within 200 feet of open roads to insure that slash is consumed.
Should an escaped fire occur due to severe, unpredicted weather events, while Contractor is
operating in compliance with an approved burn plan, the Government will assume responsibility
for controlling the escaped fire.
Purchaser/Contractor may elect not to perform burning. If this is the choice, Purchaser/Contractor shall
reimburse Forest Service as per standard provision B4.225, Cooperative Deposits.
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Inspection and Acceptance
Purchaser/Contractor is responsible for quality control to assure that all the standards and requirements
stated above are met.
Purchaser and Forest Service shall agree upon methods used to inspect and accept fuel treatments based
Purchaser’s Technical Proposal and plan for utilization or treatment of non-sawtimber material.
Activity Number 004 – Ski Area Improvements (Mandatory Activity)
In addition the following, refer to Treasure Stewardship Ski Area Improvements Plans, Appendix A,
LMA 004 for details.
SECTION 01010 - SUMMARY OF WORK
PART 1 - GENERAL
1.1 - DESCRIPTION OF WORK
A. The Contractor shall furnish all labor, equipment, transportation, supervision, operating supplies,
materials and incidentals necessary to complete the work. This project includes clearing and grubbing
of the work area, excavation and grading to shape the sites for a toilet and a pavilion, furnishing and
installing a pre-manufactured toilet, and constructing a pavilion.
1.2 - PROJECT LOCATION
A. This project is located at the South Flower Cross Country Ski Area on Libby District of the
Kootenai National Forest, approximately 5 miles south of Libby, Montana via US Highway 2, Road
618, and Road 128.
1.3 – USE OF PREMISES
A. The Contractor shall provide a portable restroom facilities at the work site.
B. The Contractor shall park his vehicles in the existing parking lots and/or driving lanes.
Vehicles shall not be permitted off the existing roads, unless approved by the Contracting
Officer.
C. The Contractor may store materials in areas approved by the Contracting Officer. The
Contractor shall be responsible for materials and equipment stored at the site.
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D. The Contractor shall dispose of waste material at an approved sanitary landfill.
1.4 - PROTECTION OF PROPERTY
A. The Contractor shall conduct his work in a manner that will protect the existing
vegetation not designated for removal and improvements.
SECTION 02101 – SITE CLEARING AND EXCAVATION
PART 1 – GENERAL
1.1 SUMMARY
A. This section includes clearing and grubbing, slash disposal, protecting vegetation and
improvements not designated for removal, excavating and backfilling, preparing building
sites, and furnishing and applying seed and fertilizer.
PART 2 – PRODUCTS
2.1 SEED
A. Seed to be furnished and the amounts to be applied in terms of pure live seed shall be as
follows:
Kind of Seed Quantity of Pure Live Seed (Lbs/Acre)
1. Winter Wheat 12
2. Hard Fescue 6
3. Orchard Grass 6
4. Alsike Clover (Inoculated) __6
Total 30
Pounds of seed to be furnished per acre shall be obtained by dividing the pounds of pure live
seed required per acre by the product of the percent purity and percent germination.
Example: 5 lbs Pure Live Seed/Acre = 6.55 lbs Commercial Seed Per Acre
0.90 x 0.85 (Purity = 90% and Germination = 85%)
2.2 FERTILIZER
A. Fertilizer shall consist of the following mixture.
Nutrient Percent
Nitrogen, N 25
Phosphorus, P2O5 10
Potassium, K 10
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PART 3 – EXECUTION
3.1 PREPARATION
A. Provide erosion-control measures to prevent soil erosion and discharge of sediment carrying
water runoff.
B. Protect existing vegetation and site improvements not designated to be removed from
damage during construction. Restore damaged improvements to their original condition at
Contractors expense.
C. Protect site, excavations, and subgrades from damage caused by surface water and ground
water.
3.2 CLEARING AND GRUBBING
A. Remove trees, shrubs, and other vegetation and obstructions to permit installation of new
work. Removal includes digging out stumps and obstructions and grubbing roots.
B. In areas outside the excavation line, fill depressions caused by clearing and grubbing
operations with satisfactory soil material. Place fill material in horizontal layers not to
exceed 8 inches loose depth and compact each layer to a density equal to adjacent ground.
C. Tops, limbs, and trees smaller than 3 inches diameter shall be incorporated in a windrow at
the base of the waste area and placed on the face of the finished and seeded waste area.
Trees 3 inches in diameter and larger shall be decked at a location within 200 feet as directed
by the CO.
3.3 EXCAVATION
A. Excavate for site preparation and structures to indicated slopes and dimensions. Excavations
for concrete work shall allow placement and removal of forms. Trim bottoms of excavations
to required lines and grades to leave a solid base.
B. Repair and reestablish grades and subgrades where completed or partially completed surfaces
become damaged by erosion, rutting, settling, freezing temperatures, rain, or construction
activities to original lines and grades.
C. Unauthorized excavation under footings shall be filled by extending the bottom of concrete
footing to excavation bottom. Top elevation of footing to remain unchanged.
D. Use excavated material for backfill and embankment whenever possible. Backfill and
embankment material shall be free of brush, perishable material, dirt clods, rocks or boulders larger than
6 inches in greatest dimension, or frozen material. Rocks larger than 2 inches in greatest dimension
shall not be placed within 6 inches of the concrete or the finished ground surface.
E. Place and compact fill material in layers not to exceed 6-inch loose lifts, and compacted with a
minimum of three passes with a whacker-type mechanical compactor or equivalent approved by the CO.
Fill material to visible moist prior to compaction. Fill material shall be air dried if moisture content is
above optimum for compaction.
F. Uniformly grade areas to a smooth surface complying with cross sections, lines and grades
indicated, free from irregular surface change.
G. Dispose of excess or unsuitable excavation material in the designated waste area SHOWN ON
44
THE DRAWINGS or DESIGNATED ON THE GROUND.
3.4 SEEDING
A. Seed shall be placed on portions of excavations, waste areas, and other disturbed areas that have
been constructed to template lines within 5 days of the construction activity unless otherwise specified
in writing by the Engineer. The soil surface shall be in a roughened condition favorable for germination
and growth.
B. Seed and fertilizer shall be applied by the dry method using hand operated seeding devices,
mechanical seeders, fertilizer spreaders or other equipment approved by the CO. Seed and
fertilizer may be mixed and applied in one application. Seed shall be applied at the rate of 30
pounds of pure live seed per acre. Fertilizer shall be applied at a rate of 240 pounds per acre.
Areas that are damaged by erosion or other causes shall be restored at no additional cost to the
Government.
SECTION 13121 – PRE-ENGINEERED STRUCTURES
PART I - GENERAL
1.1 SCOPE
A. This section includes specifications for supplying and installing a precast concrete vault
toilet building including excavation and backfilling.
B. The Toilet shall be a "Gunnison Toilet Building" by CXT Incorporated, 15602 3808
North Sullivan Road, Building 7, Spokane, WA 99216, or approved equal.
1.3 SUBMITTALS
A. If other than a "Gunnison Toilet Building", as per 1.1 B, submit Shop Drawings and
manufacturers literature for proposed alternate structure and for any changes in parts and materials
or manufacture to the Contracting Officer (CO).
PART II - PRODUCTS
2.1 TOILET BUILDING
A. Color: Dark Brown
B. Floor Plan: Right Hand
C. Signs: Unisex Barrier Free
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D. Interior of vault shall be sealed with two coats of Coal Tar Epoxy or approved alternate.
E. Roof: Simulated shake
F. Exterior walls: Barnwood texture
G. Door Lockset: The Government will furnish Forest Service cylinders, Yale 2153, for
installation by the Contractor. The locks furnished by the Contractor must be a type that will
accept the Yale 2153 cylinder and operate properly.
2.2 SIGNS
A. Standard recreation symbols (RS-022 and RS-028), with white on brown background.
B. Furnished and installed by the Contractor.
C. Symbols and lettering to meet ADA Standards.
D. Clear LEXAN polycarbonate plastic, 1/8 inch thick with printing on the backside or
aluminum, minimum 0.063 inch thick or steel, minimum 20 gauge.
2.3 AGGREGATE LEVELING COURSE
A. Aggregate shall be ¾ inch minus from a commercial source.
SECTION 13121 – 1 (5/2002)
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PART III - EXECUTION
3.1 TOILET LOCATIONS
A. Exact location, position, and elevation of each toilet building will be established by the CO.
3.2 SIGNS
A. Attach with positive mechanical, tamper-proof methods.
3.3 ONSITE PLACEMENT OF BUILDING AND VAULT
A. Reference Points: Maintain all bench marks, monuments, and other reference points. If
disturbed or destroyed, replace as directed by the CO.
B. Clearing, grubbing, excavation, embankment and subexcavation for the toilet site and access
road shall meet the requirements of Section 02101 except that stumps and roots over 3 inches
in diameter under footings and concrete slabs shall be removed to 18 inches below grade and
18 inches beyond building lines or pavement lines. Excavations required for such grubbing
shall be backfilled and compacted.
The following work is considered incidental to Item 13121:
C. Excavate for the installation of the toilet vault to a depth that will allow the structure site to
be free- draining after installation is completed. Stockpile topsoil in separate pile at sites
where topsoil is present. Finish floor elevation shall be a minimum of 6 inches above natural
grade measured at the front (entrance) of the exterior slab unless otherwise approved by the
CO.
D. Prior to installation of the toilet building, compact disturbed ground underlying the vault with
a minimum of three passes with a whacker-type mechanical tamper or equivalent approved
by the CO.
E. Install a minimum of 6 inches of aggregate bedding material for a leveling course. Grade
leveling course so there will be no high spots in the middle of the vault bottom. Slope the top
of the aggregate one percent back to front and one percent side to side out of the doorway.
F. Backfill around structure. Use excavated material for backfill and embankment whenever
possible. Backfill and embankment material shall be free of brush, perishable material, dirt
clods, rocks or boulders larger than 6 inches in greatest dimension, or frozen material. Rocks
larger than 2 inches in greatest dimension shall not be placed within 6 inches of the concrete
or the finished ground surface. Stumps, roots, brush, and other vegetation shall be removed
to the designated disposal site, per Section 02101.
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G. Backfill shall be placed in 6-inch loose lifts, and compacted with a minimum of three passes
with a whacker-type mechanical compactor or equivalent approved by the CO.
H. Disturbed areas shall be hand-raked to remove exposed rocks over 1-inch in maximum
dimension. Oversized rocks removed from the surface shall be disposed of offsite or buried
onsite at a location designated by the CO.
I. Excess excavated material for the toilet vault shall be disposed of at the waste area SHOWN
ON THE DRAWINGS or DESIGNATED ON THE GROUND.
3.4 OPEN EXCAVATION
A. No excavation will be left open more than seven (7) days unless otherwise approved by the
CO.
3.5 TEMPORARY FENCING
A. All excavations left open overnight shall be fenced with polyethylene plastic safety fence,
orange color, 48 inch high, and 1-1/2 inch maximum mesh openings. Fencing shall be
secured to steel posts on the side away from the excavation unless otherwise approved in
advance by the CO. Cost is incidental to Item 13121.
SECTION 06101 – PAVILION CONSTRUCTION
PART 1 - GENERAL
1.1- DESCRIPTION OF WORK
A. This section applies to the construction of an 18-foot x 24-foot pavilion. Types of work covered by this
section are concrete forming and placement, steel column placement, installation of manufactured
trusses, roof sheathing, and roofing.
1.2- SUBMITTALS
A. Concrete: A concrete batch certificate containing all items shown on the example in this
section shall be completed and furnished to the engineer with each load.
B. Glue Laminated Members: Certificate of Conformance issued by a qualified testing and
inspection agency indicating that glulam timbers comply with requirements in AITC A190.1.
C. Trusses: Provide shop drawings which have been signed and stamped by a licensed engineer
in the state where trusses are fabricated. Submit shop drawings showing species, sizes and
stress grades of lumber to be used; pitch, span, camber, configuration and spacing for each
type of truss required; type, size, material, finish, design value, and location of metal
connector plates; and bearing and anchorage details.
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D. Asphalt Shingles: Submit manufactures literature including installation instructions for
asphalt shingles proposed. Submit manufacturer’s color choices to the CO for selection.
PART 2 - PRODUCTS
2.1 – CONCRETE
A. Concrete shall be supplied by a ready-mix firm regularly engaged in the business.
B. Concrete Mix: A 5-1/2 sack per cubic yard mix with an air content of 4 percent to 6 percent,
a slump of 2 inches to 4 inches, and a maximum aggregate size of 1 inch.
C. Rebar: ASTM A615, grade 40 unless other grade indicated on the drawings. All
reinforcement shall be new, free from dirt, oil, paint, grease, loose mill scale, and loose or
thick rust when placed.
D. Forms and Form Coating: Plywood, lumber, or metal free of defects which could cause
blemishes. Provide commercial formulation form-coating compounds that will not bond with,
stain nor adversely affect concrete surfaces, and will not impair subsequent treatment of
concrete surfaces.
E. Curing Compound: Colorless, complying with ASTM C-309-81, Type 1 or 1-D.
2.2 - STEEL
A. Pipe Columns: Schedule 40, ASTM A53, type E or S, grade A or B.
B. Plates and Bars: ASTM A36
C. Welding Electrodes: Comply with AWS code.
2.3 – GLUED LAMINATED
A. The fabricator of the glue laminated wood member shall be a firm licensed by the American
Institute of Timber Construction (AITC) approved to use the “AITC Quality Inspected” mark
and to issue the AITC “Certificate of Conformance”
B. Members shall be marked with AITC quality mark or certification shall be provided.
C. Provide glued laminated members sized and with laminating combination as shown on the
drawings or other that meet or exceed those indicated.
D. Lumber species: Douglas-Fir-Larch
E. Adhesive: wet use type complying with ASTM D 2559.
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F. Appearance Grade: Industrial
G. End Cut Sealer and Penetrating Sealer: Manufacturer’s standard transparent sealer.
2.4 - TRUSSES
A. Trusses shall be supplied by a truss manufacturing firm regularly engaged in the business.
B. Lumber: S4S, complying with PS 20, maximum moisture content at time of dressing of 19
percent, Douglas-Fir-Larch graded by WWPA or WCLIB
C. Metal Connector Plates: Comply with TPI 1, hot dipped galvanized steel sheet complying with
ASTM A 653, G60 coating designation; Designation SS, Grade 33, and not less than 0.036
inch thick.
2.5 – ASPHALT SHINGLES
A. Labeling: Shingles shall bear the Underwiter's Laboratory label certifying that the shingles
meet their class rating requirements. Shingles shall bear label showing manufacturer and the
shingle weight per square.
B. Square Tab Strip shingles, Standard Weight: Mineral-surfaced, self-sealing, 3-tab asphalt
fiberglass strip shingles complying with ASTM D 3018, bearing UL Class “A” external fire
exposure label and UL “Wind Resistant” label, Type I.
1. Subject to compliance with requirements, provide one of the following.
Fiberglass Asphalt/20; the Celotex Corp.
Glassguard; Certainteed Corp.
Brigade; Flintkote/Genstar Building Materials Co.
Sentinal; GAF Corporation.
Tough-Glass; Georgia-Pacific.
Fire-Glass III; Manville Building Materials Corp.
Classic Plus; Owens/Corning Fiberglas Co
C. Ridge Shingles: Job-fabricated units cut from actual shingles used
D. Nails: Aluminum or hot-dip galvanized 11- or 12-gauge, sharp-pointed, conventional roofing
nails with barbed shanks, minimum 3/8" diameter head, and of sufficient length to penetrate 3/4" into
solid decking or to penetrate through plywood sheathing.
E.. Metal Drip Edge: Minimum .024" mill finish aluminum sheet, or 26 ga. minimum galvanized
(zinc-coated) steel or iron sheet brake-formed to provide 4" roof deck flange, and 1" fascia flange with
1/2" drip at lower edge. Furnish in 8' or 10' lengths
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PART 3 – EXECUTION
3.1 – CONCRETE
A. Forms: Construct formwork to support vertical and lateral loads that might be applied, to the
correct size, shape, alignment, elevation and position, and readily removable without impact,
shock or damage to concrete surfaces. Clean forms before re-use. Apply form coating before
reinforcement is placed.
B. Reinforcement: Place clean reinforcement accurately positioned, supported, and secured against
displacement.
C. Placement: Concrete shall be placed as near final location as practicable without disturbing
reinforcement.
D. Curing: Concrete shall be kept damp while curing, a minimum of 3 days. If there is a danger of
frost, the concrete shall be protected from freezing for a minimum of 7 days.
3.2 – STEEL COLUMNS
Steel columns shall be set true and plumb. Provide temporary bracing to maintain lines and levels
until permanent supports are in place.
3.3 – GLULAM INSTALLATION
A. Erect structural glulam timber framing true and plumb, with uniform, close-fitting joints.
Provide temporary bracing to maintain lines and levels until permanent supporting members are
in place.
1. Use padded slings and protect corners with wood blocking.
Fit structural glulam timber framing by cutting and restoring exposed surfaces to match specified
surfacing. Pre-drill for fasteners and assembly of units.
2. Use connectors as templates for drilling bolt holes.
3. Machine sand exposed surfaces to remove planing or surfacing marks, finishing with
No. 120 grit sandpaper.
4. Coat crosscuts with end sealer.
Cutting: Avoid extra cutting after fabrication. Where field fitting is unavoidable, comply with
requirements for shop fabrication.
5. Where treated members must be cut during erection, apply a field-treatment preservative
to comply with AWPA M4.
51
Repair damaged surfaces and finishes after completing erection. Replace damaged structural glulam
timber if repairs are not approved by Architect.
Do not remove wrappings on individually wrapped members until they no longer serve a useful
purpose, including protection from weather, soiling, and damage from work of other trades.
3.3 – ROOF INSTALLATION
A. Clean substrate of any projections and substances detrimental to shingling work.
B. Cover knotholes or other minor voids in substrate with sheet metal flashing secured with roofing
nails.
C. Coordinate installation of shingles with flashing and other adjoining work to ensure proper
sequencing.
D. Underlayment: Apply one layer felt horizontally over entire surface, lapping succeeding courses
2" minimum and fastening with sufficient nails to hold in place until shingle application.
E. Asphalt Shingles:
1. Install starter strip of roll roofing or inverted shingles with tabs removed; fasten shingles in
pattern, weather exposure and number of fasteners per shingle as recommended by
manufacturer.
2. Use horizontal and vertical chalk lines to ensure straight coursing.
3. Comply with installation details and recommendations of shingle manufacturer and NRCA
Steep Roofing Manual.
F. Flashing and Edge Protection: Install metal flashing and edge protection as indicated and in
compliance with details and recommendations of the NRCA Steep Roofing Manual.
52
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
REGION 1
Concrete Batch Certification
Name of ready-mix batch plant _____________________________________
Serial Number of ticket____________Date_____________Truck No.___________________
Name of contractor___________________________________________________________
Name and location of job_______________________________________________________
Class of concrete____________________________________________
Amount of concrete__________________________________________
Time loaded___________Reading of revolution counter or time at first addition of water______
Type and brand of cement ____________________________________
Amount of cement in batch____________________________________
Water-cement ratio____________________Total water added___________________________
Admixtures (amount and type)______________________________________________________
Maximum size of aggregate ________________________________________________________
Weight of fine aggregate___________________________________________________________
Weight of coarse aggregate_________________________________________________________
I hereby certify that the above statements are true and correct.
Signature of ready-mix plant representative_____________________________________________
Water added by receiver _______________ Initials ___________
53
Activity Number 006 – Road Construction (Mandatory Activity)
Road Maintenance specified on Road 14434 shall be completed by September 30, 2003.
Refer to Treasure Stewardship Road Maintenance Plans, Appendix A, LMA 006 for details.
Optional Land Manangement Activities
Activity Number 002 – Road Maintnance (Optional Activity)
Refer to Treasure Stewardship Road Maintenance Plans, Appendix A, LMA 002 for details.
Activity Number 003 – Bridge Maintnance (Optional Activity)
Refer to Treasure Stewardship Bridge Maintenance Plans, Appendix A, LMA 003 for details.
Activity Number 005 – Noxious Weed Treatment (Optional Activity)
Treat the following list of roads with herbicide spray (including all surfactants and according to attached
specifications.
The roadway includes the travelway, shoulders, pullouts, cut and fills slopes. Contractor shall treat
these areas and 15 feet slope distance from both shoulders of the road surface.
Refer to C5.41# and C6.316# for restrictions affecting roads 402, 402F, 402J, 402L and
4727.
Mile Post to Mile Post
Road Numbers
128 0.00 – 7.10
4729 0.00 - 160
4729D 0.00 - 1.20
4729E 0.00 - 3.20
402 0.00 - 7.10
402D 0.00 – 2.65
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402L 0.00 – 0.70
402F 0.00 – 1.20
402J 0.00 – 1.16
4727 0.00 – 5.70
4727B 0.00 – 2.28
4727H 0.00 – 1.35
4727J 0.00 – 1.15
4728 0.00 – 3.60
4728C 0.00 – 2.35
4786 0.00 - 2.00
867 0.00 – 5.53
NOXIOUS WEED TREATMENT - TECHNICAL SPRAYING SPECIFICATIONS
Spraying shall be completed between May and July. A treatment period that is
more responsive to the actual weed development may be agreed to in writing
between the Purchaser and the Forest Service.
1. The Purchaser shall give the Forest Service 48 hours notification prior to spraying.
2. Spraying will be done by a State of Montana licensed commercial applicator, and only by
personnel under the direct supervision of the licensed applicator.
3. The following herbicides are approved for use: Picloram and 2,4-D. All herbicide applications
shall follow EPA label requirements.
4. The rate of application shall be:
a. For Picloram:(16 ounces of herbicide per acre). To be applied to areas greater than 30
feet from open water only.
b. For 2,4-D: (64 ounces of herbicide per acre). This herbicide is to be applied within 30
feet and up to the edge of open water only.
5. No spray shall come in contact with open water at any time.
55
6. No spraying shall occur when rain is expected within six (6) hours of completion of the
treatment.
7. Nozzles shall be made of stainless steel or ceramic material.
8. All equipment shall be in good mechanical condition and will be inspected prior to work. The
spray pattern, application rates, and calibration shall also be checked before beginning the job and
thereafter as deemed necessary by the Forest Service.
9. A tight-fitting lid on all spray tanks is mandatory.
10. Mixing, loading, and equipment cleaning shall be done more than 200 feet from private land
or open water. Mixing and cleaning water shall come from public or cooperator supplies, and
shall be transported to the site in labeled containers separate from water used for other purposes.
11. Weather conditions shall be monitored before and during all spraying projects. Spraying is
NOT allowed when any of the following conditions exist:
a. Hand-held equipment: temperature greater than 98 degrees F; humidity less than 20 percent, or
wind greater than 15 MPH.
b. Truck-mounted equipment: temperature greater than 95 degrees F; humidity less than 30
percent; or wind greater than 10 MPH.
12. Herbicides shall be transported daily to the project site with the following conditions:
Transport only the quantity needed for that day's work; transport concentrate containers only in a
manner that will prevent spills; and transport spray in a compartment that is isolated from food,
clothing, and safety equipment.
13. Mixing shall only occur on site.
14. The Purchaser shall inspect equipment daily for leaks.
15. The Purchaser shall remove all herbicide containers from National Forest land and dispose of
them in accordance with all local, state, and federal requirements.
16. Applicators will complete a daily pesticide application report as required by the Montana
Department of Agriculture. Daily application reports shall be made available to the Forest Service
upon request.
INSPECTION AND ACCEPTANCE REQUIREMENTS
56
(a) Inspection Procedure. The Government will inspect application procedures and the areas
sprayed as the work proceeds to ensure that treatment areas are fully covered. The Government
will also periodically inspect spray equipment and the mixing of chemicals. Final inspection will
occur within 7 days after completion of the project.
(b) Visual inspection of the target species, noxious weeds, will occur. Ninety percent (90%) or
greater death of target species will be considered acceptable by the Government. Less than 90%
death of target species will entail rework of the untreated area by the contractor with the original
prescribed herbicide. Rework shall be performed at the next available opportunity and as agreed
to by the Government. All rework will be at the contractor's expense.
(c) The Government will measure spray bandwidth randomly on all roads treated, the contractor
must effectively treat > 90% of bandwidth to be considered acceptable. Less than 90% treatment
of the prescribed bandwidth will entail rework of the untreated area by the contractor with the
original prescribed herbicide. All rework will be at the contractor's expense.
Activity Number 010 – Road Maintence – Road 128 seg. 2 (Optional Activity)
ROAD MAINTENANCE LOG
Road No. 128 Segment 2
M.P. 2.80 Begin Project; Flower Creek Bridge
Begin Roadbed Prep., Remove and Save Existing Surface Water Deflectors (SWD’s).
Begin Aggregate Placement 4” by 14’ compacted plus Turnouts.
Reinstall SWD’s after Aggregate is in place
Aggregate placement shall be in accordance with the 1985 Forest Service Specifications
for Construction of Roads and Bridges Section 304 – Aggregate Base or Surface Course,
compaction B
Aggregate is Government Furnished Material and is stockpiled at the 4 Mile Pit on Pipe
Creek Road.
Removal and reinstallation of Surface Water Deflectors is incidental to aggregate
placement.
Begin Dust Abatement application; Calcium Cloride Flakes at
1.95 Lbs. Per Sq.Yd., 12’ wide plus Turnouts
Dust abatement application shall be in accordance with the 1985 Forest Service
Specifications for Construction of Roads and Bridges Special Project Specification 412 –
Dust Palliative Treatment.
57
M.P. 5.04 Trailhead
End all Items of Work
END OF PROJECT
Activity Number 011 – South Flower Ski Trail Expansion (Optional Activity)
Refer to Treasure Stewardship South Flower Ski Trail Expansion Plans, Appendix A, LMA 011 for
details.
An estimate Right of Way (ROW) timber to be cleared for ski trail construction has NOT been included
in Section A2 of the Timber Sale Contract. Any ROW timber removed will be Weight Scaled and paid
for at bid rates and as per Timber Subject to Agreement, C2.11#.
Activity Number 012 – Thinning and Pruning Activities (Optional Activity)
GENERAL SPECIFICATIONS
SCOPE OF CONTRACT
This contract consists of tree thinning, pruning, slash treatment, self-inspection, and related work in
compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment,
supervision, transportation, operating supplies, and incidentals, except those items listed as Government-
furnished property.
LOCATION AND DESCRIPTION
The work is located on the Libby Ranger District of the Kootenai National Forest. The work sites,
access to the areas, method of work, size of units, and other information pertinent to the thinning units
are listed on the Silvicultural Prescriptions, Project Maps, and in the Schedule of Items.
(a) Boundaries. Thinning unit boundaries are as listed on the Silvicultural Prescription. Timber
edge is considered to be the edge of the large trees and road is considered to be the edge of the road
or ditch by the road.
58
RESOURCE PROTECTION
The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and
resources.
(a) Existing Facilities. If existing facilities, such as roads, fences, erosion dips, trails, barriers, and
drainage facilities are damaged, they shall be replaced or repaired at no cost to the Government.
(b) Protection of Stream Courses. The Contractor shall minimize damage to stream courses. Stream
courses shall have directional felling away from the stream and contractor created slash shall be kept
out of stream and overflow channels. Stream, streams overflow channels, and intermittent channels
(which have scouring caused by water flow) shall have a crop tree preference of cedar and hemlock,
and all hardwoods, if present, within 150 feet of them.
(c) Prevention and Control of Soil Erosion. The Contractor shall minimize soil erosion. Precautions
shall include:
(1) Prevention of gullying of roads and skid trails within and adjacent to the contract area.
(2) Protection of cover, soil, and water.
SALVAGEABLE MATERIAL. No salvaging will be permitted without Contracting Officer approval.
TECHNICAL SPECIFICATIONS
THINNING
SELECTION OF LEAVE TREES
(a) Leave trees shall be selected from trees that have potential for being a crop tree. The trees having
the potential for crop trees shall be rated in relation to the optimal tree of the same species and age in
the competitive area of 100 feet. The selected leave tree will be the highest rated tree. Cedar shall
be considered a crop tree only when its form and growth is that of a tree.
An example would be: A Western Larch (15 ft. tall and 10 years old) within the decision area (area size
dependent upon trees per acres to be left) is rated less than optimal because the best Western Larch in
the competitive area of a similar age are 20 ft. tall. An Engelmann Spruce (8 ft. tall and 5 years old) a
few feet away from the Western Larch is rated as one of the best in the competitive area. The leave tree
is the Engelmann Spruce.
When there is more than one tree rated the highest for its species in the decision area, the selection
made shall be based upon the species preference list.
Selected leave trees shall be potential crop trees of the best form and vigor, be of a species listed in
the species preference in the prescription, and be within the allowable stocking density.
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(1) Indicators of Desirable Leave Trees are:
Straight stem
Small branch diameter
Good coloration
Well-formed crown
Branches horizontal or slightly angled to bole
Free of insect and disease damage and/or symptoms
Vigorous annual terminal growth
Crown class
The indicators as well as overall tree vigor are important criteria for leave tree selection. The most
prominent indicator for vigor is annual terminal growth for the past 1 to 3 years.
(2) Indicators of Undesirable Trees are:
Poor crown form
Crook or sweep in bole
Dead or broken tops
Multiple tops
Poor coloration
Large branch diameter
Insect and disease
Branches more than 45 degrees from horizontal
Physical or mechanical damage
Suppressed
Poor annual growth
These indicators shall determine trees to be cut, but defects will be acceptable for a particular leave
tree if it is the best selection within a decision area.
No trees greater than 5 inches DBH shall be cut unless they are diseased, pest infested, damaged, or
poorly formed unless designated otherwise in the Silviculture Prescription.
The number of leave trees per acre will be within the maximum/minimum allowance specified for
each subitem in the Silvicultural Prescription. The minimum distance allowed between leave trees
will be three feet, allowable only if the trees exhibit open crowns on three sides.
The Contractor shall recognize any insect, disease, or animal damage problems and report them to
the Contracting Officer. Major problems and treatment are described in the silvicultural
prescription. In areas with root rot, the leave tree priorities shall be changed putting DF and GF on
the bottom of the crop tree priority list. In areas with mistletoe, whatever the species of the infected
tree, (including trees adjacent to the stand) that species shall be dropped to the lowest priority on the
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leave tree preference list, for a radius of 66 feet from the infection or the height of the infected tree,
whichever is greater.
No Pacific yew, if present, shall be cut (in form of brush or tree). If Pacific yew is discovered, the
contractor shall inform the contracting officer of its location.
NOTE: The prescription objective is based on the overall composition and condition of the stand and is
intended to be a guideline for achieving a high quality final product in a professional manner. The
contractor shall use their silvicultural knowledge to identify and adjust to any conditions within the
stand and notify the Contracting Officer of any conditions not addressed in the prescription.
CUTTING METHODS
(a) Cutting. All trees, other than leave trees, shall be cut below the lowest live limb except when
prevented by natural obstacles. Trees shall be completely severed from the stump. Stump height
shall not exceed 12 inches above the ground level or 4 inches above natural obstacles.
For inspection purposes, a limb must meet the following criteria before it will be considered a live
limb:
(1) Exceed 8 inches in length.
If designated (under special treatments) in the Silvicultural Prescription, residual trees equal to or
greater than 6 inches DBH exhibiting indicators of disease, defoliation, and/or pest infection shall be
felled if 8 inches or less DBH and completely girdled, but not felled if greater than 8 inches DBH.
Girdling shall be accomplished by sawing two continuous cuts, approximately three inches apart,
around the circumference of the bole, each deep enough to sever the cambium layer of the tree.
(b) Felling. Cut trees shall be felled away from unit boundaries, roads, telephone lines, established
trails, stock driveways, fence lines, established land corners, and streams. Next to natural breaks
(game trails, open skid trails, etc.), the trees shall be felled in a way to create travel corridors and
fuel breaks. Any trees falling on such areas shall be removed.
All thinning slash shall be placed on or near the ground surface, so that it will not lean against or be
suspended by an uncut tree.
Snags shall not be cut except where they jeopardize the safety of the Contractor's operation. Written
approval shall be obtained from the COR prior to felling. Snags approved for felling shall be felled
prior to selecting leave trees within a distance equal to the height of the snag in the direction of fall.
Seed trees left standing from the previous harvest shall not be cut.
Minimum tree height to be cut is contained in the Silvicultural Prescriptions. Cottonwood and other
hard wood trees shall be felled if 2/3 as tall or greater than the crop trees and within three feet of the
crop tree. No brush is required to be cut within the thinning units except for what is required to
facilitate the thinning work itself unless designated otherwise in the Silvicultural Prescriptions.
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SLASH TREATMENT
Slash created by the contractor shall be less than 2 feet high or shall be lopped every 15 feet placing it
on or near the ground surface so that it will not lean against an uncut tree, stump, log, or any obstacle.
The slash adjacent to the cut and fill slopes of all roads (that are open for any part of the year) for a
distance of 66 feet would be lopped in 10-foot lengths. Any special slash treatments will be specified in
the Silvicultural Prescriptions. Slash treatment shall be completed on each unit as thinned. The
contractor shall not start thinning a new unit until the slash treatment on the unit just thinned is
completed. Slash shall be pulled back 5 feet from culverts. All debris from the Contractor's operation
shall be removed from cut slopes, ditches along the road, (see Exhibit B), and streams.
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SILVICULTURAL PRESCRIPTION – Sub-item # 1.1 Location: Flower Creek
Site and Stand Information
Stand #: 52401007 Acres: 7 of 7
Slope: 33 % Aspect: E
Elevation: 3,300 ft.
Legal: Sec. 19; T30N; R31W. Boundary: Timber edge, road, or pink & black ribbon.
Insect, Disease, and Animal Damage:
Snow Damage. -- Select upright trees with straight stems to prevent future damage.
Prescription
The stand shall be thinned to an average of 300 leave trees per acre, plus or minus 25 trees per acre
(275-325 trees per acre), not counting trees less than a minimum cut height of 12 inches. The over all
plots average should be the same as the average number of trees per acre. The estimated percent of
crop/leave tree, after thinning, is using the following order of species preference. Do not close up
spacing or increase the number of trees next to openings.
#1 = Leave all PP (8 feet or 50% of the tree height plus one foot.
Pruning shall require the removal of all branches/needles, within the designated area, which shall be cut
no longer than 1 inch from the branch collar, and the branch collar & main stem of the tree shall not be
cut/scared. Selection of the trees to be pruned shall be as follows:
1. Tree shall have no Blister Rust on the main stem.
2. If more than one tree to select from, the tree that shows branch growth characteristics that will help
in natural pruning, shall be pruned. Tree shows good branch growth (from main stem) and/or
needle shed.
3. If Blister Rust exists on any branches pruning shall remove all the Blister Rust.
4. Tallest trees, within the above, shall be pruned first. Smaller trees shall be pruned only when the
taller trees are not available to maintain the minimum number of pruned trees per acre. Do not
prune trees less than 10’ in height.
5. Trees pruned naturally for 6 feet (from the ground up) shall not be pruned or counted as pruned
trees, unless no other WP trees are available to prune, they shall then be pruned.
Special Treatments:
None
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INSPECTION AND ACCEPTANCE
THINNING
ADDITIONAL INSPECTION AND ACCEPTANCE REQUIREMENTS
THINNING
(a) Thinning Inspection Procedure
(1) The Contracting Officer will make periodic inspections. The Contractor or Contractor's
representative is encouraged to observe the inspection and will receive inspection summaries
upon request.
(2) A series of plots distributed over the entire unit sufficient to yield at least a one (1)
percent sample, with not less than five sample plots per unit. Size of these plots will be 1/50
acre. Plot centers will be marked and numbered. These plots will be used for payment.
(3) Standard Thinning. -- Each plot will be examined and the findings on the items listed
below recorded:
(i) Number of trees that were left (column #1).
(ii) Category "A" - Uncorrectable Deficiency
(A) Number of cut leave trees; a conspicuous leave tree in accordance with the clause
entitled Selection of Leave Trees or the silvicultural prescription that was cut (column
#2).
(B) Wrong selection of leave tree; a conspicuous leave tree that was cut while leaving a
lesser tree (column #3).
(iii) Category "B" Correctable Deficiency.
(A) Number of excess trees (column #4).
(iv) Category "C" - Correctable Deficiency.
(A) Small trees missed (column #5).
(B) Low live limbs left (column #6).
(4) Upon inspection of all plots for a unit, the number of leave trees per acre and the quality
of thinning shall be calculated as follows:
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(i) Number of leave trees per acre:
Column #1: # of "Trees Left" X 50 = Leave trees per acre
Number of plots taken
(ii) Thinning Quality:
Category "A" Trees
(Column #2: # of + Column #3: # of )
1.00 - ("Cut Leave Trees" "Wrong Selection") X 100 = Quality %
(Column #1: # of - Column #4: # of )
("Trees Left" "Excess Trees")
(b) Rework and Reinspection After Rework. Category "B" - When total number of leave trees
exceed the maximum allowance or when Category "C", total number of small trees missed and low
live limbs exceed 50 trees per acre, payment will not be made until the deficiency has been
corrected, unless the Contracting Officer determines excess tree deficiency to be minor and will not
result in any material differences in total number of trees to be left. Inspections after rework will be
made in the same manner as the first inspection but on different plot lines. The Contractor shall pay
for inspections necessitated by the rework.
(c) Reinspection of Thinning Upon Contractor Request. If the original inspection results are
unacceptable to the Contractor and a second inspection is requested without rework, the same
inspection procedure will be used. However, the inspection pattern will be shifted. If the second
inspection shows less than 5 percentage point improvement from the first inspection, the Contractor
shall pay the cost of the second inspection, and the result of the first inspection will be used in
determining payment, except if the first inspection result made the work unacceptable and the
second inspection result made the work acceptable; then the work will be considered acceptable and
the payment made on the second inspection results. Requests for reinspection must be made in
writing.
(d) Inspection of Slash Treatment. Acceptance will be determined by an inspection of the areas
requiring treatment and will be based on adherence to the specifications. Noncompliance with any
of the specifications will classify the treatment as unsatisfactory and rework will be required to bring
the treatment up to specification standards.
(e) Inspection of other provisions of the contract will be conducted and noncompliance with the
specification will result in non-acceptance of work under the contract.
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SELF-INSPECTION
The contractor or contractor’s representative through daily self-inspections shall monitor the number
and selection of leave trees, using a sample plot marked on the ground. Random sampling by 1/50-
acre circular plots will be used for inspection purposes on this contract the same as used by the CO.
INSPECTION AND ACCEPTANCE
PRUNING
(a) Pruning Inspection Procedure
(1) The Contracting Officer will make periodic inspections. The Contractor or Contractor's
representative is encouraged to observe the inspection and will receive inspection summaries
upon request.
(2) A series of plots distributed over the entire unit sufficient to yield at least a one (1)
percent sample, with not less than five sample plots per unit. Size of these plots will be 1/50
acre. Plot centers will be marked and numbered. These plots will be used for payment.
(i) Number of trees that should have been pruned (column #1).
(ii) Number of satisfactory pruned trees (column #2).
(iii) Number of pruned trees with discrepancies (column #3).
(iv) Reductions for discrepancies in column #3, shall not be greater than 1 for each
tree, as follows (column #4).
a. Damage to branch collar = ¼ tree.
b. Damage to main stem of tree = ¼ tree.
c. Pruned branch longer than maximum branch length (as designated in the
silviculture prescription) = ¼ tree. This is a correctable discrepancy.
(v) Adjusted number of pruned trees (shall not exceed the number in column #1) will
be calculated using the smaller number as follows (column #5).
Column #2 + (column #3 – column #4)
OR
Column #1 (if less than Column #2)
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(3) Inspection Quality
1.00 - (Sum column #5) x 100 = Percent Quality
(Sum column #1)
(b) Rework and Reinspection After Rework. When the inspection results are below 90 percent and
deficient trees contribute to the deficiency, payment will not be made until the tree deficiency has
been corrected. Re-inspections after rework will be made in the same manner as the first inspection
but on different plot lines. The contractor shall pay for inspections necessitated by the rework.
(c) Re-inspection of Pruning Upon Contractor Request. If the original inspection results are
unacceptable to the Contractor and a second inspection is requested without rework, the same
inspection procedure will be used. However, the inspection pattern will be shifted. If the second
inspection shows less than 5 percentage point improvement from the first inspection, the Contractor
shall pay the cost of the second inspection, and the result of the first inspection will be used in
determining payment, except if the first inspection result made the work unacceptable and the
second inspection result made the work acceptable; then the work will be considered acceptable and
the payment made on the second inspection results. Requests for reinspection must be made in
writing.
(d) Inspection of Slash Treatment. Acceptance will be determined by an inspection of the areas
requiring treatment and will be based on adherence to the specifications. Noncompliance with any
of the specifications will classify the treatment as unsatisfactory and rework will be required to bring
the treatment up to specification standards.
(e) Inspection of other provisions of the contract will be conducted and noncompliance with the
specification will result in non-acceptance of work under the contract.
CONTRACT ADMINISTRATION DATA
MEASUREMENT
(a) Measurement. The acreages were measured on a horizontal plane within the established
boundaries.
(b) Remeasurement
(1) The Contractor may at any time after award request remeasurement of any subitem. The
request must be made in writing. Remeasurement shall be made within the established
boundaries.
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(2) If remeasurement indicates a variance of 5 percent or less in the acreage stated in the
Schedule of Items, the Contractor shall pay for the actual cost of remeasurement and no
adjustment shall be made.
(3) If remeasurement indicates a variance greater than 5 percent in the acreage stated in the
Schedule of Items, payment shall be based on the remeasured acreage and the Government shall
pay for the remeasurement.
BASIS OF PAYMENT
(a) Calculation of Payment.
(1) After inspection of completed acreage, the Contracting Officer will calculate the pay rate for
the acceptable work.
(2) The pay rate shall be calculated by multiplying the inspection percentage times the contract
unit price per acre. When the percentage of satisfactory thinning is 95 percent or greater,
payment will be made at the contract unit price. Inspection percentage between 80 and 95
percent will result in payment being based on actual inspection percentage. Inspection results
below 80 percent, which are unsatisfactory, and noncorrectable will result in no payment being
made.
(3) Pull back and lopping shall be considered incidental to thinning and no separate payment will
be made.
(b) Calculation of Payment for Slash Treatment. Slash treatment is incidental to thinning. Units will
not be paid until slash treatment is complete and accepted.
FINAL PAYMENT
The amount of the final payment will be calculated as described above and approved for payment after -
-
(a) Completion and acceptance of all work;
(b) Presentation of a properly executed invoice; and
(d) Presentation of release of all claims against the Government arising by virtue of this contract,
other than claims, in stated amounts that the Contractor has specifically accepted from the
operation of the release. A release may also be required of the assignee if the Contractor's claim
to amounts payable under this contract has been assigned under the Assignment of Claims Act of
1940 (31 U.S.C. 3727 and 41 U.S.C. 15).
78
79
EXHIBIT A
(continued)
Percent (%) of Slope
Slope rise in
100’ Horizontal = Percent
Distance of Slope
30’ = 30%
40’ = 40%
50’ = 50%
60’ = 60%
70’ = 70%
Flat Slope Surface Acreage
Percent of Flat Surface Horizontal
Slope Acres 1/ Plane Acres 2/
30% 1.05 1.0
40% 1.08 1.0
50% 1.12 1.0
60% 1.17 1.0
70% 1.22 1.0
1/ Actual on-the-ground slope is unknown as slope surfaces are seldom flat.
2/ All measurements are on the horizontal plane.
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81
EXHIBIT C
BEST TREE THINNING INSPECTION Contract # ________________
(& 4345 Post PCT Exam) Contractor ________________
Stand # _______________, Acres ______, Sp. Pref. ________-________-________-_______, Sub-Item ______,
1st 2nd 3rd 4th
Ghost trees ___________, Leave T/ac. _____, Trees per plot ____ (range _____-_____), and Min. cut ht. _____“.
___________________________________________________________________________________________
| |CATEGORY “A” |CATEGORY| CATEGORY || STAND SUMMARY (4345 Exam) xxxxxxxxxxxxxxxxxxxx
xxxx
Plot | Trees | Improper Leave | “B” | “C” || Trees Left ____________ /
acrexxxxxx
No. | Left | Trees Selection | Excess | Small Trees || Small Trees & Live Limbs ____________ /
acrexxxxxx |(minus| (Uncorrectable) | Trees | (Correctable) || Ghost Trees
____________ / acrexxxxxx |Ghost | Cut | Wrong | (Correc- | Small | Lower || Trees < mini
Missed | Limbs || No. Trees by species .
| 1 | 2 | 3 | 4 | 5 | 6 || WL | PP | LP | DF | | | | | WP | <____“
| | | | | | || | | | | | | | | |_______.
1 | | | | | | || | | | | | | | | | .
|
|(Remarks: date plots taken, etc.) .
| | | | | | || | | | | | | | | |_______.
2 | | | | | | || | | | | | | | | | .
| .
| | | | | | || | | | | | | | | |_______.
3 | | | | | | || | | | | | | | | | .
| .
| | | | | | || | | | | | | | | |_______.
4 | | | | | | || | | | | | | | | | .
| .
| | | | | | || | | | | | | | | |_______.
5 | | | | | | || | | | | | | | | | .
| .
| | | | | | || | | | | | | | | |_______.
6 | | | | | | || | | | | | | | | | .
| .
| | | | | | || | | | | | | | | |_______.
7 | | | | | | || | | | | | | | | | .
| .
| | | | | | || | | | | | | | | |_______.
8 | | | | | | || | | | | | | | | | .
| .
Total Page | | | | | | || | | | | | | | | |_______.
Total Pages | | | | | | || | | | | | | | | |_______. #2
Grand | | | | | | || | | | | | | | |
|_______.
Total | | | | | | || | | | | | | | | |
.
|| | | | | | | | | |__ ____
Plot size = 1/50-acre Average Trees per-acre by Species || | | | | | | | | | .
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
WP Pruning needed Yes / No Year______, T/Acre _____, Heights ______-______.xxxxxxxxxxxx
Final Inspection Date __________, Inspector ______________________________ Quality _______%
(Signature)
Page 1 of _____.
82
____________________________________________________________________________________
_______
| |CATEGORY “A” |CATEGORY| CATEGORY || STAND SUMMARY (4345 exam)
xxxxxxxxxxxxxxxxxxx xxxxx
Plot | Trees | Improper Leave | “B” | “C”
||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx
No. | Left | Trees Selection | Excess | Small Trees
||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx |(minus| (Uncorrectable) | Trees
| (Correctable) ||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx |Ghost |
Cut | Wrong | (Correc- | Small | Lower
||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx |& Cat.| Leave | Selec- |
table) | Trees | Live ||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx | “C”) |
Trees | tion | | Missed | Limbs || No. Trees by species _.
| 1 | 2 | 3 | 4 | 5 | 6 || WL | PP | LP | DF | | | | |
WP | <____“
| | | | | | || | | | | | | | | |_______.
9 | | | | | | || | | | | | | | | | .
|
| .
| | | | | | || | | | | | | | | |_______.
10 | | | | | | || | | | | | | | | | .
|
| .
| | | | | | || | | | | | | | | |_______.
11 | | | | | | || | | | | | | | | | .
| .
| | | | | | || | | | | | | | | |_______.
12 | | | | | | || | | | | | | | | | .
|
| .
| | | | | | || | | | | | | | | |_______.
13 | | | | | | || | | | | | | | | | .
|
| .
| | | | | | || | | | | | | | | |_______.
14 | | | | | | || | | | | | | | | | .
|
| .
| | | | | | || | | | | | | | | |_______.
15 | | | | | | || | | | | | | | | | .
|
| .
| | | | | | || | | | | | | | | |_______.
16 | | | | | | || | | | | | | | | | .
|
| .
| | | | | | || | | | | | | | | |_______.
17 | | | | | | || | | | | | | | | | .
|
| .
| | | | | | || | | | | | | | | |_______.
18 | | | | | | || | | | | | | | | | .
|
| .
.
Total Page| | | | | | || | | | | | | | | |_______.
83
/21/02
(Continuation Sheet)
BEST TREE THINNING INSPECTION Contract # ________________
(& 4345 Post PCT Exam) Contractor ________________
____________________________________________________________________________________
_______
| |CATEGORY “A” |CATEGORY| CATEGORY || STAND SUMMARY (4345 exam) xxxxxxxxxxxxxxxx xxxxxxxx
Plot | Trees | Improper Leave | “B” | “C” ||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxx
No. | Left | Trees Selection | Excess | Small Trees ||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx
|(minus| (Uncorrectable) | Trees | (Correctable) ||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx
|Ghost | Cut | Wrong | (Correc- | Small | Lower ||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx
|& Cat.| Leave | Selec- | table) | Trees | Live ||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx
| “C”) | Trees | tion | | Missed | Limbs || No. Trees by species _.
| 1 | 2 | 3 | 4 | 5 | 6 || WL | PP | LP | DF | | | | | WP | <____“
| | | | | | || | | | | | | | | |_______. #
|
| .
| | | | | | || | | | | | | | | |_______. #
|
| .
| | | | | | || | | | | | | | | |_______. #
|
| .
| | | | | | || | | | | | | | | |_______. #
|
| .
| | | | | | || | | | | | | | | |_______. #
|
| .
| | | | | | || | | | | | | | | |_______. #
|
| .
| | | | | | || | | | | | | | | |_______. #
|
| .
| | | | | | || | | | | | | | | |_______. #
|
| .
| | | | | | || | | | | | | | | |_______. #
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
Total Page | | | | | | || | | | | | | | | |_______.
Page ____ of _____.
(Continuation Sheet)
BEST TREE THINNING INSPECTION Contract # ________________
(& Post PCT Exam) Contractor ________________
____________________________________________________________________________________
_______
84
| |CATEGORY “A” |CATEGORY| CATEGORY || STAND SUMMARY (4345 exam)
xxxxxxxxxxxxxxxxxxxxxx xx
Plot | Trees | Improper Leave | “B” | “C”
||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxx
No. | Left | Trees Selection | Excess | Small Trees
||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxx |(minus| (Uncorrectable) | Trees
| (Correctable) ||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxx |Ghost |
Cut | Wrong | (Correc- | Small | Lower
||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxx |& Cat.| Leave | Selec- |
table) | Trees | Live ||xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxx | “C”) |
Trees | tion | | Missed | Limbs || No. Trees by species _.
| 1 | 2 | 3 | 4 | 5 | 6 || WL | PP | LP | DF | | | | |
WP | <____“
| | | | | | || | | | | | | | | |_______.
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
| | | | | | || | | | | | | | | |_______.
|
| .
.
Total Page | | | | | | || | | | | | | | | |_______.
Page ____ of _____.
85
EXHIBIT D
PRUNING INSPECTION Page 1 of __
Contract # ______________
Inspector _________________ Contractor _____________
Item # _____, Stand # ___________, Species to be pruned ______________, Prune height = ___’
Maximum branch length = _______ inches, Minimum # of trees per acre = __________ (150, all,
etc).
Plot Should be Satisfactorily Pruned Reductions for Adjusted # of Remarks (Date, etc.)
# Pruned Pruned with Discrepancies Pruned Trees
Column #1 Column #2 Discrepan 1/ Column #4 2/ Column #5
cies
Column #3
Total
Column #1 Column #2 Column #3 Column #4 Column #5
Percent Quality = 1.00 – (Sum Column #5) x 100 = 1.00 – (____________) x 100 = __________%
Quality
(Sum Column #1) ( )
1/ Discrepancies for one tree shall not be greater than 1.
1. Damage to branch collar = ¼ tree (or .25).
2. Damage to main stem of tree = ¼ tree (or .25).
3. Pruned branch longer than maximum branch length = ¼ tree (or .25). This is a correctable discrepancy.
2/ Column #5 = The smaller of (column #2 + (Column #3 – column #4)) OR (Column #1)
86
C6.002 CHANGES IN LAND MANAGEMENT ACTIVITIES(9/9/1999). Forest Service may make
changes in the description or specifications for performing activities described in C6.001. If such
change increases or reduces the cost of performance an adjustment will be made to the rate in A5c. The
amount of the increase or decrease will represent the estimated increase or decrease in the cost of
performing the activity. It is intended that the amount of the increase or decrease will be mutually
agreed to by the Purchaser and the Contracting Officer. In the event agreement cannot be reached the
Contracting Officer's estimate shall be used, subject to C9.2.
C6.003 ADDITIONAL LAND MANAGEMENT ACTIVITIES (9/9/1999). Additional Land
Management Activities may be added to A5c and C6.001 upon agreement. These may be added either
to the mandatory or the optional activities.
C6.004 - FEDERAL ACQUISITION REGULATIONS. (2/2000) Included below are the Federal
Acquisition Regulations that are applicable to the activities which are to be completed under the terms of
this contract:
The following special contract requirements apply to all Land Management
Activities.
1 - Contract Work Hours And Safety Standards Act--Overtime Compensation (FAR 52.222-4)
(SEP 2000)
(a) Overtime requirements. No Purchaser or subcontractor employing laborers or
mechanics (see Federal Acquisition Regulation 22.300) shall require or permit them to work over 40
hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each
hour worked over 40 hours.
(b) Violation; liability for unpaid wages; liquidated damages. The responsible Purchaser
and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause.
In addition, the Purchaser and subcontractor are liable for liquidated damages payable to the
Government. The Contracting Officer will assess liquidated damages at the rate of $10 per affected
employee for each calendar day on which the employer required or permitted the employee to work
in excess of the standard workweek of 40 hours without paying overtime wages required by the
Contract Work Hours and Safety Standards Act.
(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will
withhold from payments due under the contract sufficient funds required to satisfy any Purchaser or
subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the
contract are insufficient to satisfy Purchaser or subcontractor liabilities, the Contracting Officer will
withhold payments from other Federal or federally assisted contracts held by the same Purchaser that
are subject to the Contract Work Hours and Safety Standards Act.
(d) Payrolls and basic records.
87
(1) The Purchaser and its subcontractors shall maintain payrolls and basic payroll
records for all laborers and mechanics working on the contract during the contract and shall make
them available to the Government until 3 years after contract completion. The records shall
contain the name and address of each employee, social security number, labor classifications,
hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and
actual wages paid. The records need not duplicate those required for construction work by
Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Davis-Bacon Act.
(2) The Purchaser and its subcontractors shall allow authorized representatives of
the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records
maintained under paragraph (d)(1) of this clause. The Purchaser or subcontractor also shall allow
authorized representatives of the Contracting Officer or Department of Labor to interview
employees in the workplace during working hours.
(e) Subcontracts. The Purchaser shall insert the provisions set forth in paragraphs (a)
through (d) of this clause in subcontracts exceeding $100,000 and require subcontractors to include
these provisions in any lower tier subcontracts. The Purchaser shall be responsible for compliance by
any subcontractor or lower tier subcontractor with the provisions set forth in paragraphs (a) through
(d) of this clause.
2 - Davis-Bacon Act (FAR 52.222-6) (Feb 1995)
(a) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by regulations issued by the Secretary
of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship which may be alleged to exist between the
Purchaser and such laborers and mechanics. Contributions made or costs reasonably anticipated for
bona fide fringe benefits under section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (d) of this clause; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such period. Such laborers
and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the
time actually worked therein; provided, That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including any
additional classifications and wage rates conformed under paragraph (b) of this clause) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by the Purchaser and its subcontractors at
the site of the work in a prominent and accessible place where it can be easily seen by the workers.
88
(b)(1) The Contracting Officer shall require that any class of laborers or mechanics which
is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The Contracting Officer shall approve an
additional classification and wage rate and fringe benefits therefore only when all the following
criteria have been met:
(i) The work to be performed by the classification requested is not performed
by a classification in the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(2) If the Purchaser and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the Contracting Officer agree on the
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), a report of the action taken shall be sent by the Contracting Officer to the
Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise the
Contracting Officer or will notify the Contracting Officer within the 30-day period that additional
time is necessary.
(3) In the event the Purchaser, the laborers or mechanics to be employed in the
classification, or their representatives, and the Contracting Officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), the Contracting Officer shall refer the questions, including the views of all interested
parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and
Hour Division for determination. The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits, where appropriate) determined
pursuant to subparagraphs (b)(2) and (b)(3) of this clause shall be paid to all workers performing
work in the classification under this contract from the first day on which work is performed in the
classification.
(c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the Purchaser shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit
or an hourly cash equivalent thereof.
(d) If the Purchaser does not make payments to a trustee or other third person, the
Purchaser may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That
89
the Secretary of Labor has found, upon the written request of the Purchaser, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Purchaser
to set aside in a separate account assets for the meeting of obligations under the plan or program.
3 - Withholding Of Funds (FAR 52.222-7) (Feb 1988) The Contracting Officer shall, upon his
or her own action or upon written request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from the Purchaser under this contract or any other Federal contract
with the same Purchaser, or any other federally assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same Purchaser, so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the Purchaser or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part of the wages required by the contract,
the Contracting Officer may, after written notice to the Purchaser, take such action as may be necessary
to cause the suspension of any further payment, advance, or guarantee of funds until such violations
have ceased.
4 - Payrolls And Basic Records (FAR 52.222-8) (Feb 1988)
(a) Payrolls and basic records relating thereto shall be maintained by the Purchaser during
the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under
paragraph (d) of the clause entitled Davis-Bacon Act, that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis-Bacon Act, the Purchaser shall maintain records which
show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Purchasers employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs.
(b)(1) The Purchaser shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under paragraph (a) of this
clause. This information may be submitted in any form desired. Optional Form WH-347 (Federal
Stock Number 029-005-00014-1) is available for this purpose and may be purchased from the--
Superintendent of Documents
U.S. Government Printing Office
90
Washington, DC 20402
The Purchaser is responsible for the submission of copies of payrolls by all
subcontractors.
(2) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Purchaser or subcontractor or his or her agent who pays or supervises the payment
of the persons employed under the contract and shall certify--
(i) That the payroll for the payroll period contains the information required to
be maintained under paragraph (a) of this clause and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in the Regulations, 29 CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by subparagraph (b)(2) of this clause.
5 - Apprentices And Trainees (FAR 52.222-9) (Feb 1988)
(a) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of Apprenticeship
and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allow- able ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted to the Purchaser as to the entire
work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated in this paragraph, shall be paid not less than the
applicable wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a Purchaser is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the Purchaser's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
91
accordance with the provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship
Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Purchaser
will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(b) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The ratio
of trainees to journeymen on the job site shall not be greater than permitted under the plan approved
by the Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage
determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate in the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed
on the payroll at a trainee rate who is not registered and participating in a training plan approved by
the Employment and Training Administration shall be paid not less than the applicable wage rate in
the wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate in the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws approval of a
training program, the Purchaser will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable program is approved.
(c) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen
under this clause shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
6 - Compliance With Copeland Act Requirements (FAR 52.222-10 (Feb 1988) The Purchaser
shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this
contract.
7 - Subcontracts (Labor Standards) ( FAR 52.222-11) (Feb 1988)
(a) The Purchaser or subcontractor shall insert in any subcontracts the clauses entitled
Davis-Bacon Act, Contract Work Hours and Safety Standards Act--Overtime Compensation,
Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act
92
Requirements, Withholding of Funds, Subcontracts (Labor Standards), Contract Termination--
Debarment, Disputes Concerning Labor Standards, Compliance with Davis-Bacon and Related Act
Regulations, and Certification of Eligibility, and such other clauses as the Contracting Officer may,
by appropriate instructions, require, and also a clause requiring subcontractors to include these
clauses in any lower tier subcontracts. The Purchaser shall be responsible for compliance by any
subcontractor or lower tier subcontractor with all the contract clauses cited in this paragraph.
(b)(1) Within 14 days after award of the contract, the Purchaser shall deliver to the
Contracting Officer a completed Statement and Acknowledgment Form (SF 1413) for each
subcontract, including the subcontractor's signed and dated acknowledgment that the clauses set forth
in paragraph (a) of this clause have been included in the subcontract.
(2) Within 14 days after the award of any subsequently awarded subcontract the
Purchaser shall deliver to the Contracting Officer an updated completed SF 1413 for such
additional subcontract.
8 - Contract Termination - Debarment (FAR 52.222-12) (Feb 1988) A breach of the contract
clauses entitled Davis-Bacon Act, Contract Work Hours and Safety Standards Act--Overtime
Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act
Requirements, Subcontracts (Labor Standards), Compliance with Davis-Bacon and Related Act
Regulations, or Certification of Eligibility may be grounds for termination of the contract, and for
debarment as a Purchaser and subcontractor as provided in 29 CFR 5.12.
9 - Compliance With Davis-Bacon And Related Act Regulations (FAR 52.222-13) (Feb 1988)
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and
5 are hereby incorporated by reference in this contract.
10 - Disputes Concerning Labor Standards (FAR 52.222-14 (Feb 1988) As The United States
Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes
concerning labor standards requirements. Such disputes shall be resolved in accordance with those
procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause
include disputes between the Purchaser (or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their representatives.
11 - Certification Of Eligibility (FAR 52.222-15) (Feb 1988)
(a) By entering into this contract, the Purchaser certifies that neither it (nor he or she) nor
any person or firm who has an interest in the Purchaser's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
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(b) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001
12 - Equal Opportunity (FAR 52.222-26) (Apr 2002)
(a) Definition. "United States," as used in this clause, means the 50 States, the District of Columbia,
Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake
Island.
(b) If, during any 12-month period (including the 12 months preceding the award of this contract), the
Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an
aggregate value in excess of $10,000, the Contractor shall comply with paragraphs (b)(1) through
(b)(11) of this clause, except for work performed outside the United States by employees who were not
recruited within the United States. Upon request, the Contractor shall provide information necessary to
determine the applicability of this clause.
(1) The Contractor shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the
Contractor to extend a publicly announced preference in employment to Indians living on or near an
Indian reservation, in connection with employment opportunities on or near an Indian reservation, as
permitted by 41 CFR 60-1.5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex, or national
origin. This shall include, but not be limited to-
(i) Employment;
(ii) Upgrading;
(iii) Demotion;
(iv) Transfer;
(v) Recruitment or recruitment advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for
employment the notices to be provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
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(5) The Contractor shall send, to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, the notice to be provided by the
Contracting Officer advising the labor union or workers' representative of the Contractor's commitments
under this clause, and post copies of the notice in conspicuous places available to employees and
applicants for employment.
(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations,
and orders of the Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency all information required by Executive Order
11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor
shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1.
Unless the Contractor has filed within the 12 months preceding the date of contract award, the
Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal
Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity
Commission for the necessary forms.
(8) The Contractor shall permit access to its premises, during normal business hours, by the contracting
agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint
investigations. The Contractor shall permit the Government to inspect and copy any books, accounts,
records (including computerized records), and other material that may be relevant to the matter under
investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and
regulations that implement the Executive Order.
(9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule,
regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in
whole or in part and the Contractor may be declared ineligible for further Government contracts, under
the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be
imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as
amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by
law.
(10) The Contractor shall include the terms and conditions of paragraphs (b)(1) through (11) of this
clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of
the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and
conditions will be binding upon each subcontractor or vendor.
(11) The Contractor shall take such action with respect to any subcontract or purchase order as the
Contracting Officer may direct as a means of enforcing these terms and conditions, including sanctions
for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of any direction, the Contractor may request the United States
to enter into the litigation to protect the interests of the United States.
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(c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by
the procedures in 41 CFR 60-1.1.
13 - Affirmative Action Compliance Requirements For Construction (FAR 52.222-27) (Feb
1999)
(a) Definitions. "Covered area," as used in this clause, means the geographical area
described in the solicitation for this contract.
"Deputy Assistant Secretary," as used in this clause, means the Deputy Assistant Secretary
for Federal Contract Compliance, U.S. Department of Labor, or a designee
"Employer's identification number," as used in this clause, means the Federal Social
Security number used on the employer's quarterly Federal tax return, U.S. Treasury Department Form
941.
"Minority," as used in this clause, means--
(1) American Indian or Alaskan Native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal affiliations through
membership and participation or community identification).
(2) Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands);
(3) Black (all persons having origins in any of the black African racial groups not of
Hispanic origin); and
(4) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin, regardless of race).
(b) If the Purchaser, or a subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, each such subcontract in excess of $10,000 shall include this clause
and the Notice containing the goals for minority and female participation stated in the solicitation for
this contract.
(c) If the Purchaser is participating in a Hometown Plan (41 CFR 60-4) approved by the
U.S. Department of Labor in a covered area, either individually or through an association, its
affirmative action obligations on all work in the plan area (including goals) shall comply with the
plan for those trades that have unions participating in the plan. Purchasers must be able to
demonstrate participation in, and compliance with, the provisions of the plan. Each Purchaser or
subcontractor participating in an approved plan is also required to comply with its obligations under
the Equal Opportunity clause, and to make a good faith effort to achieve each goal under the plan in
each trade in which it has employees. The overall good-faith performance by other Purchasers or
subcontractors toward a goal in an approved plan does not excuse any Purchaser's or subcontractor's
failure to make good-faith efforts to achieve the plan's goals.
(d) The Purchaser shall implement the affirmative action procedures in subparagraphs
(g)(1) through (16) of this clause. The goals stated in the solicitation for this contract are expressed as
percentages of the total hours of employment and training of minority and female utilization that the
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Purchaser should reasonably be able to achieve in each construction trade in which it has employees
in the covered area. If the Purchaser performs construction work in a geographical area located
outside of the covered area, it shall apply the goals established for the geographical area where that
work is actually performed. The Purchaser is expected to make substantially uniform progress toward
its goals in each craft.
(e) Neither the terms and conditions of any collective bargaining agreement, nor the failure
by a union with which the Purchaser has a collective bargaining agreement, to refer minorities or
women shall excuse the Purchaser's obligations under this clause, Executive Order 11246, as
amended, or the regulations thereunder.
(f) In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, apprentices and trainees must be employed by the Purchaser during the training
period, and the Purchaser must have made a commitment to employ the apprentices and trainees at
the completion of their training, subject to the availability of employment opportunities. Trainees
must be trained pursuant to training programs approved by the U.S. Department of Labor.
(g) The Purchaser shall take affirmative action to ensure equal employment opportunity.
The evaluation of the Purchaser's compliance with this clause shall be based upon its effort to achieve
maximum results from its actions. The Purchaser shall document these efforts fully and implement
affirmative action steps at least as extensive as the following:
(1) Ensure a working environment free of harassment, intimidation, and coercion at
all sites and in all facilities where the Purchaser's employees are assigned to work. The Purchaser,
if possible, will assign two or more women to each construction project. The Purchaser shall
ensure that foremen, superintendents, and other onsite supervisory personnel are aware of and
carry out the Purchaser's obligation to maintain such a working environment, with specific
attention to minority or female individuals working at these sites or facilities.
(2) Establish and maintain a current list of sources for minority and female
recruitment. Provide written notification to minority and female recruitment sources and
community organizations when the Purchaser or its unions have employment opportunities
available, and maintain a record of the organizations' responses.
(3) Establish and maintain a current file of the names, addresses, and telephone
numbers of each minority and female off-the-street applicant, referrals of minorities or females
from unions, recruitment sources, or community organizations, and the action taken with respect
to each individual. If an individual was sent to the union hiring hall for referral and not referred
back to the Purchaser by the union or, if referred back, not employed by the Purchaser, this shall
be documented in the file, along with whatever additional actions the Purchaser may have taken.
(4) Immediately notify the Deputy Assistant Secretary when the union or unions with
which the Purchaser has a collective bargaining agreement has not referred back to the Purchaser a
minority or woman sent by the Purchaser, or when the Purchaser has other information that the
union referral process has impeded the Purchaser's efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training programs
for the area that expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the Purchaser's employment needs, especially
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those programs funded or approved by the Department of Labor. The Purchaser shall provide
notice of these programs to the sources compiled under subparagraph (g)(2) of this clause.
(6) Disseminate the Purchaser's equal employment policy by--
(i) Providing notice of the policy to unions and to training, recruitment, and
outreach programs, and requesting their cooperation in assisting the Purchaser in meeting its
contract obligations;
(ii) Including the policy in any policy manual and in collective bargaining
agreements;
(iii) Publicizing the policy in the company newspaper, annual report, etc.;
(iv) Reviewing the policy with all management personnel and with all minority
and female employees at least once a year; and
(v) Posting the policy on bulletin boards accessible to employees at each
location where construction work is performed.
(7) Review, at least annually, the Purchaser's equal employment policy and
affirmative action obligations with all employees having responsibility for hiring, assignment,
layoff, termination, or other employment decisions. Conduct review of this policy with all on-site
supervisory personnel before initiating construction work at a job site. A written record shall be
made and maintained identifying the time and place of these meetings, persons attending, subject
matter discussed, and disposition of the subject matter.
(8) Disseminate the Purchaser's equal employment policy externally by including it
in any advertising in the news media, specifically including minority and female news media.
Provide written notification to, and discuss this policy with, other Purchasers and subcontractors
with which the Purchaser does or anticipates doing business.
(9) Direct recruitment efforts, both oral and written, to minority, female, and
community organizations, to schools with minority and female students, and to minority and
female recruitment and training organizations serving the Purchaser's recruitment area and
employment needs. Not later than 1 month before the date for acceptance of applications for
apprenticeship or training by any recruitment source, send written notification to organizations
such as the above, describing the openings, screening procedures, and tests to be used in the
selection process.
(10) Encourage present minority and female employees to recruit minority persons
and women. Where reasonable, provide after-school, summer, and vacation employment to
minority and female youth both on the site and in other areas of the Purchaser's workforce.
(11) Validate all tests and other selection requirements where required under 41CFR
60-3.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority
and female personnel for promotional opportunities. Encourage these employees to seek or to
prepare for, through appropriate training, etc., opportunities for promotion.
(13) Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all personnel
and employment-related activities to ensure that the Purchaser's obligations under this contract are
being carried out.
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(14) Ensure that all facilities and company activities are nonsegregated except that
separate or single-user rest rooms and necessary dressing or sleeping areas shall be provided to
assure privacy between the sexes.
(15) Maintain a record of solicitations for subcontracts for minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
(16) Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Purchaser's equal employment policy and affirmative action obligations.
(h) The Purchaser is encouraged to participate in voluntary associations that may assist in
fulfilling one or more of the affirmative action obligations contained in subparagraphs (g)(1) through
(16) of this clause. The efforts of a Purchaser association, joint Purchaser-union, Purchaser-
community, or similar group of which the Purchaser is a member and participant may be asserted as
fulfilling one or more of its obligations under subparagraphs (g)(1) through (16) of this clause,
provided, the Purchaser--
(1) Actively participates in the group;
(2) Makes every effort to ensure that the group has a positive impact on the
employment of minorities and women in the industry;
(3) Ensures that concrete benefits of the program are reflected in the Purchaser's
minority and female workforce participation;
(4) Makes a good-faith effort to meet its individual goals and timetables; and
(5) Can provide access to documentation that demonstrates the effectiveness of
actions taken on behalf of the Purchaser. The obligation to comply is the Purchaser's, and failure
of such a group to fulfill an obligation shall not be a defense for the Purchaser's noncompliance.
(i) A single goal for minorities and a separate single goal for women shall be established.
The Purchaser is required to provide equal employment opportunity and to take affirmative action for
all minority groups, both male and female, and all women, both minority and nonminority.
Consequently, the Purchaser may be in violation of Executive Order 11246, as amended, if a
particular group is employed in a substantially disparate manner.
(j) The Purchaser shall not use goals or affirmative action standards to discriminate against
any person because of race, color, religion, sex, or national origin.
(k) The Purchaser shall not enter into any subcontract with any person or firm debarred
from Government contracts under Executive Order 11246, as amended.
(l) The Purchaser shall carry out such sanctions and penalties for violation of this clause
and of he Equal Opportunity clause, including suspension, termination, and cancellation of existing
subcontracts, as may be imposed or ordered under Executive Order 11246, as amended, and its
implementing regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as
ordered shall be a violation of this clause and Executive Order 11246, as amended.
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(m) The Purchaser in fulfilling its obligations under this clause shall implement affirmative
action procedures at least as extensive as those prescribed in paragraph (g) of this clause, so as to
achieve maximum results from its efforts to ensure equal employment opportunity. If the Purchaser
fails to comply with the requirements of Executive Order 11246, as amended, the implementing
regulations, or this clause, the Deputy Assistant Secretary shall take action as prescribed in 41 CFR
60-4.8.
(n) The Purchaser shall designate a responsible official to--
(1) Monitor all employment-related activity to ensure that the Purchaser's equal
employment policy is being carried out;
(2) Submit reports as may be required by the Government; and
(3) Keep records that shall at least include for each employee the name, address,
telephone number, construction trade, union affiliation (if any), employee identification number,
social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer),
dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations
at which the work was performed. Records shall be maintained in an easily understandable and
retrievable form; however, to the degree that existing records satisfy this requirement, separate
records are not required to be maintained.
(o) Nothing contained herein shall be construed as a limitation upon the application of
other laws that establish different standards of compliance or upon the requirements for the hiring of
local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the
Community Development Block Grant Program).
Service Contract Act of 1965, as Amended (52.222-41) (May 1989)
(a) Definitions. "Act," as used in this clause, means the Service Contract Act of 1965, as amended
(41 U.S.C. 351, et seq.).
"Contractor," as used in this clause or in any subcontract, shall be deemed to refer to the subcontractor,
except in the term "Government Prime Contractor."
"Service employee," as used in this clause, means any person engaged in the performance of this
contract other than any person employed in a bona fide executive, administrative, or professional
capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It
includes all such persons regardless of any contractual relationship that may be alleged to exist between
a Contractor or subcontractor and such persons.
(b) Applicability. This contract is subject to the following provisions and to all other applicable
provisions of the Act and regulations of the Secretary of Labor (29 CFR part 4). This clause does not
apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by
41 U.S.C. 356, as interpreted in Subpart C of 29 CFR part 4.
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(c) Compensation.
(1) Each service employee employed in the performance of this contract by the Contractor or any
subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe
benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or
authorized representative, as specified in any wage determination attached to this contract.
(2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of
service employee which is not listed therein and which is to be employed under the contract (i.e., the
work to be performed is not performed by any classification listed in the wage determination) so as to
provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination. Such conformed class of
employees shall be paid the monetary wages and furnished the fringe benefits as are determined
pursuant to the procedures in this paragraph (c).
(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract
work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request
For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days
after the unlisted class of employee performs any contract work. The Contracting Officer shall review
the proposed classification and rate and promptly submit the completed SF 1444 (which must include
information regarding the agreement or disagreement of the employees' authorized representatives or the
employees themselves together with the agency recommendation), and all pertinent information to the
Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage
and Hour Division will approve, modify, or disapprove the action or render a final determination in the
event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of
receipt that additional time is necessary.
(iii) The final determination of the conformance action by the Wage and Hour Division shall be
transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each
affected employee shall be furnished by the Contractor with a written copy of such determination or it
shall be posted as a part of the wage determination.
(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to
those listed in a wage determination cannot be reduced to any single formula. The approach used may
vary from wage determination to wage determination depending on the circumstances. Standard wage
and salary administration practices which rank various job classifications by pay grade pursuant to point
schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the
way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the
General Schedule) or from other wage determinations issued in the same locality. Basic to the
establishment of any conformable wage rate(s) is the concept that a pay relationship should be
maintained between job classifications based on the skill required and the duties performed.
(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract,
or in any other case where a Contractor succeeds a contract under which the classification in question
was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and
fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous
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conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or
decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be
used on the contract which are listed in the current wage determination, and those specified for the
corresponding classifications in the previously applicable wage determination. Where conforming
actions are accomplished in accordance with this paragraph prior to the performance of contract work by
the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken
but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.
(C) No employee engaged in performing work on this contract shall in any event be paid less than the
currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of
1938, as amended.
(v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall
be paid to all employees performing in the classification from the first day on which contract work is
performed by them in the classification. Failure to pay the unlisted employees the compensation agreed
upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to
the date such class of employees commenced contract work shall be a violation of the Act and this
contract.
(vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour
Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits
which shall be retroactive to the date such class or classes of employees commenced contract work.
(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary
wages and fringe benefits required to be paid or furnished thereunder to service employees under this
contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under
wage determinations issued by the Wage and Hour Division.
(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation
to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause
by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or
differential cash payments, only in accordance with Subpart D of 29 CFR part 4.
(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the
Contractor nor any subcontractor under this contract shall pay any person performing work under this
contract (regardless of whether the person is a service employee) less than the minimum wage specified
by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the
Contractor or any subcontractor of any other obligation under law or contract for payment of a higher
wage to any employee.
(f) Successor contracts. If this contract succeeds a contract subject to the Act under which substantially
the same services were furnished in the same locality and service employees were paid wages and fringe
benefits provided for in a collective bargaining agreement, in the absence of the minimum wage
attachment for this contract setting forth such collectively bargained wage rates and fringe benefits,
neither the Contractor nor any subcontractor under this contract shall pay any service employee
performing any of the contract work (regardless of whether or not such employee was employed under
the predecessor contract), less than the wages and fringe benefits provided for in such collective
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bargaining agreement, to which such employee would have been entitled if employed under the
predecessor contract, including accrued wages and fringe benefits and any prospective increases in
wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this
contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or
unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as
provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are
substantially at variance with those which prevail for services of a character similar in the locality, or
determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service
employees employed under the predecessor contract was not entered into as a result of arm's length
negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10
and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a
predecessor Contractor's collective bargaining agreement are substantially at variance with those which
prevail for services of a character similar in the locality, and/or that the collective bargaining agreement
applicable to service employees employed under the predecessor contract was not entered into as a result
of arm's length negotiations, the Department will issue a new or revised wage determination setting forth
the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or
subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the
Board of Service Contract Appeals, as the case may be, irrespective of whether such issuance occurs
prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a
wage determination issued solely as a result of a finding of substantial variance, such determination shall
be effective as of the date of the final administrative decision.
(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each
service employee commencing work on this contract of the minimum monetary wage and any fringe
benefits required to be paid pursuant to this contract, or shall post the wage determination attached to
this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in
a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation
of section 2(a)(4) of the Act and of this contract.
(h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of
the services called for by this contract to be performed in buildings or surroundings or under working
conditions provided by or under the control or supervision of the Contractor or subcontractor which are
unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or
subcontractor shall comply with the safety and health standards applied under 29 CFR part 1925.
(i) Records.
(1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain
for 3 years from the completion of the work, and make them available for inspection and transcription
by authorized representatives of the Wage and Hour Division, Employment Standards Administration, a
record of the following:
(i) For each employee subject to the Act-
(A) Name and address and social security number;
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(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe
benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly
compensation;
(C) Daily and weekly hours worked by each employee; and
(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.
(ii) For those classes of service employees not included in any wage determination attached to this
contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or
authorized representative under the terms of paragraph (c) of this clause. A copy of the report required
by subdivision (c)(2)(ii) of this clause will fulfill this requirement.
(iii) Any list of the predecessor Contractor's employees which had been furnished to the Contractor as
prescribed by paragraph (n) of this clause.
(2) The Contractor shall also make available a copy of this contract for inspection or transcription by
authorized representatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available these records for inspection and transcription shall
be a violation of the regulations and this contract, and in the case of failure to produce these records, the
Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall
take action to cause suspension of any further payment or advance of funds until the violation ceases.
(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct
interviews with employees at the worksite during normal working hours.
(j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages
due free and clear and without subsequent deduction (except as otherwise provided by law or
regulations, 29 CFR part 4), rebate, or kickback on any account. These payments shall be made no later
than one pay period following the end of the regular pay period in which the wages were earned or
accrued. A pay period under this Act may not be of any duration longer than semi-monthly.
(k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or
cause to be withheld from the Government Prime Contractor under this or any other Government
contract with the Prime Contractor such sums as an appropriate official of the Department of Labor
requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees
employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the
Act all or part of the wages or fringe benefits due under the Act, the Contracting Officer may, after
authorization or by direction of the Department of Labor and written notification to the Contractor, take
action to cause suspension of any further payment or advance of funds until such violations have ceased.
Additionally, any failure to comply with the requirements of this clause may be grounds for termination
of the right to proceed with the contract work. In such event, the Government may enter into other
contracts or arrangements for completion of the work, charging the Contractor in default with any
additional cost.
(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act.
104
(m) Collective bargaining agreements applicable to service employees. If wages to be paid or fringe
benefits to be furnished any service employees employed by the Government Prime Contractor or any
subcontractor under the contract are provided for in a collective bargaining agreement which is or will
be effective during any period in which the contract is being performed, the Government Prime
Contractor shall report such fact to the Contracting Officer, together with full information as to the
application and accrual of such wages and fringe benefits, including any prospective increases, to
service employees engaged in work on the contract, and a copy of the collective bargaining agreement.
Such report shall be made upon commencing performance of the contract, in the case of collective
bargaining agreements effective at such time, and in the case of such agreements or provisions or
amendments thereof effective at a later time during the period of contract performance such agreements
shall be reported promptly after negotiation thereof.
(n) Seniority list. Not less than 10 days prior to completion of any contract being performed at a Federal
facility where service employees may be retained in the performance of the succeeding contract and
subject to a wage determination which contains vacation or other benefit provisions based upon length
of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor
shall furnish the Contracting Officer a certified list of the names of all service employees on the
Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also
contain anniversary dates of employment on the contract either with the current or predecessor
Contractors of each such service employee. The Contracting Officer shall turn over such list to the
successor Contractor at the commencement of the succeeding contract.
(o) Rulings and interpretations. Rulings and interpretations of the Act are contained in Regulations,
29 CFR part 4.
(p) Contractor's certification.
(1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it (nor he or
she) nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the
Act.
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract under section 5 of the Act.
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(q) Variations, tolerances, and exemptions involving employment. Notwithstanding any of the provisions
in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance
with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to
section 4(b) of the Act prior to its amendment by Pub. L. 92-473, found to be necessary and proper in
the public interest or to avoid serious impairment of the conduct of Government business:
(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or
mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise
required by section 2(a)(1) or 2(b)(1) of the Act without diminishing any fringe benefits or cash
payments in lieu thereof required under section 2(a)(2) of the Act, in accordance with the conditions and
procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and
handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in
the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525).
(2) The Administrator will issue certificates under the Act for the employment of apprentices, student-
learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair
Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts,
105
authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe
benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the
applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524,
and 525).
(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the
regulations in 29 CFR parts 525 and 528.
(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work
they perform when they are employed and individually registered in a bona fide apprenticeship program
registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or
if no such recognized agency exists in a State, under a program registered with the Bureau of
Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor.
Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate
and fringe benefits contained in the applicable wage determination for the journeyman classification of
work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their
level of progress set forth in the registered program, expressed as the appropriate percentage of the
journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to
journeymen employed on the contract work in any craft classification shall not be greater than the ratio
permitted to the Contractor as to his entire work force under the registered program.
(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly
receives more than $30 a month in tips may have the amount of these tips credited by the employer
against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with
section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR part 531. However, the amount
of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision-
(1) The employer must inform tipped employees about this tip credit allowance before the credit is
utilized;
(2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and
regardless of whether the employer elects to take a credit for tips received);
(3) The employer must be able to show by records that the employee receives at least the applicable
Service Contract Act minimum wage through the combination of direct wages and tip credit; and
(4) The use of such tip credit must have been permitted under any predecessor collective bargaining
agreement applicable by virtue of section 4(c) of the Act.
(t) Disputes concerning labor standards. The U.S. Department of Labor has set forth in 29 CFR parts 4,
6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall
be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes
within the meaning of this clause include disputes between the Contractor (or any of its subcontractors)
and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
Statement of Equivalent Rates for Federal Hires (52.222-42) (May 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary
of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be
employed under the contract and states the wages and fringe benefits payable to each if they were
employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
106
This Statement is for Information Only:
It is not a Wage Determination
Employee Monetary
Work Activity Job Class Wage-Fringe
Benefits
Fuel Treatment Excavator Operator WG-10 $19.39
Sawyer WG-4 $12.91
Pile Burner GS-6 $14.95
Thinning and Pruning Sawyer WG-4 $12.91
Noxious Weed Treatment Licensed Herbicide Applicator GS-7 $16.62
Crew Member GS-4 $10.58
Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and
Option Contracts) (52.222-43) (May 1989)
(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts
subject to collective bargaining agreements.
(b) The Contractor warrants that the prices in this contract do not include any allowance for any
contingency to cover increased costs for which adjustment is provided under this clause.
(c) The wage determination, issued under the Service Contract Act of 1965, as amended, (41 U.S.C.
351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration,
U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning
of each renewal option period, shall apply to this contract. If no such determination has been made
applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair
Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple
year contract or the beginning of each renewal option period, shall apply to this contract.
(d) The contract price or contract unit price labor rates will be adjusted to reflect the Contractor's actual
increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to
comply with or the decrease is voluntarily made by the Contractor as a result of:
(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year
contract, or at the beginning of the renewal option period. For example, the prior year wage
determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The
new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor
voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;
(2) An increased or decreased wage determination otherwise applied to the contract by operation of law;
or
107
(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract,
affects the minimum wage, and becomes applicable to this contract under law.
(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in
paragraph (c) of this clause, and the accompanying increases or decreases in social security and
unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount
for general and administrative costs, overhead, or profit.
(f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within
30 days after receiving a new wage determination unless this notification period is extended in writing
by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any decrease
under this clause, but nothing in the clause shall preclude the Government from asserting a claim within
the period permitted by law. The notice shall contain a statement of the amount claimed and any relevant
supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon
agreement of the parties, the contract price or contract unit price labor rates shall be modified in writing.
The Contractor shall continue performance pending agreement on or determination of any such
adjustment and its effective date.
(g) The Contracting Officer or an authorized representative shall have access to and the right to examine
any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3
years after final payment under the contract.
Fair Labor Standards Act and Service Contract Act-Price Adjustment (52.222-44) (Feb 2002)
(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts
subject to Contractor collective bargaining agreements.
(b) The Contractor warrants that the prices in this contract do not include any allowance for any
contingency to cover increased costs for which adjustment is provided under this clause.
(c) The contract price or contract unit price labor rates will be adjusted to reflect increases or decreases
by the Contractor in wages and fringe benefits to the extent that these increases or decreases are made to
comply with-
(1) An increased or decreased wage determination applied to this contract by operation of law; or
(2) An amendment to the Fair Labor Standards Act of 1938 that is enacted subsequent to award of this
contract, affects the minimum wage, and becomes applicable to this contract under law.
(d) Any such adjustment will be limited to increases or decreases in wages and fringe benefits as
described in paragraph (c) of this clause, and to the accompanying increases or decreases in social
security and unemployment taxes and workers' compensation insurance; it shall not otherwise include
any amount for general and administrative costs, overhead, or profit.
(e) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within
30 days after the effective date of the wage change, unless this period is extended by the Contracting
Officer in writing. The Contractor shall promptly notify the Contracting Officer of any decrease under
this clause, but nothing in the clause shall preclude the Government from asserting a claim within the
period permitted by law. The notice shall contain a statement of the amount claimed and any relevant
supporting data that the Contracting Officer may reasonably require. Upon agreement of the parties, the
contract price or contract unit price labor rates shall be modified in writing. The Contractor shall
continue performance pending agreement on or determination of any such adjustment and its effective
date.
108
(f) The Contracting Officer or an authorized representative shall, until the expiration of 3 years after
final payment under the contract, have access to and the right to examine any directly pertinent books,
documents, papers, and records of the Contractor.
*************************************
Wage Determinations
The following Wage Determinations apply to Land Management Activities 001, 005
and 012.
REGISTER OF WAGE DETERMINATIONS UNDER |U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS
ADMINISTRATION
By Director of the Secretary of Labor | WAGE AND HOUR DIVISION
|WASHINGTON, D.C. 20210
|
|
| Wage Determination No.: 1976-1342
William W. Gross Division of | Revision No.: 26
Director Wage Determinations | Date Of Last Revision:
05/31/2001_______________
State: Montana
Area: Montana
Statewide______________________________________________________________________
**Fringe Benefits Required Follow the Occupational Listing**
Forestry Industry
OCCUPATION TITLE MINIMUM WAGE RATE
Brush/Precommercial Thinner 11.26
Chocker Setter 13.68
Feller/Bucker 15.15
Fire Lookout 11.26
Forestry Equipment Operator 14.16
Forestry Technician 15.88
Forestry Truckdriver 15.88
Forestry/Logging Heavy Equipment Operator 15.88
General Forestry Laborer 10.56
Nursery Specialist 15.61
109
Slash Piler/Burner 11.26
Tree Climber 12.60
Tree Planter 10.94
Tree Planter, Mechanical 10.94
___________________________________________________________________________________________
_
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $2.02 an hour or $80.80 a week or $350.13 a month.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years,
and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present
contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar
work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday,
Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,
Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day
off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract (either by the terms of the
Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and
maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee
where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor
will accept payment in accordance with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without
cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and
maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage
determination shall (in the absence of a bona fide collective bargaining agreement providing for a different
amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such
cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where
the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other
personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract,
by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for
uniform maintenance costs.
** NOTES APPLYING TO THIS WAGE DETERMINATION **
Source of Occupational Title and Descriptions:
110
The duties of employees under job titles listed are those described in the "Service Contract Act Directory of
Occupations," Fourth Edition, January 1993, as amended by the Third Supplement, dated March 1997, unless
otherwise indicated. This publication may be obtained from the Superintendent of Documents, at 202-783-3238,
or by writing to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.
Copies of specific job descriptions may also be obtained from the appropriate contracting officer.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard
Form 1444 (SF 1444)}
Conformance Process:
The contracting officer shall require that any class of service employee which is not listed herein and which is to
be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the
wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate
level of skill comparison) between such unlisted classifications and the classifications listed in the wage
determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe
benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance
of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe
benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple
wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage
determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a
proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a
Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for
proposed wage rate(s), including information regarding the agreement or disagreement of the authorized
representative of the employees involved, or where there is no authorized representative, the employees
themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted
class(es) of employees performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with
the agency's recommendations and pertinent information including the position of the contractor and the
employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,
for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via
transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be
required to process the request.
5) The contracting officer transmits the Wage and Hour decision to the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF 1444 or bond paper.
111
When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory)
should be used to compare job definitions to insure that duties requested are not performed by a classification
already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine
whether a class is included in an established wage determination. Conformances may not be used to artificially
split, combine, or subdivide classifications listed in the wage determination.
*******************************
The following Wage Determinations apply to Land Management Activities 002, 003,
006, 010 and 011.
SION MT020002 08/30/02 MT2
General Decision Number MT020002
Superseded General Decision No. MT010002
State: Montana
Construction Type: HIGHWAY
County(ies): STATEWIDE
HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 03/01/2002
1 08/30/2002
COUNTY(ies): STATEWIDE
ZONE PAY
CARPENTERS, CEMENT MASONS, IRON WORKERS, LABORERS, POWER EQUIPMENT
OPERATORS, AND TRUCK DRIVERS
112
The hourly wage rates applicable to each project shall be determined by measuring the road miles over
the shortest practical maintained route from the County Courthouse of the following towns to the center
of the job:
BILLINGS GREAT FALLS KALISPELL MISSOULA BOZEMAN
HAVRE LEWISTOWN BUTTE HELENA MILES CITY
ZONE 1: 0 to 30 miles Base pay
ZONE 2: 30 to 60 miles Base pay + $2.95
ZONE 3: over 60 miles Base pay + $4.70
------------------------------------------------------------------------------------------------------------------------------
* SUMT3001A 12/20/2001
Rates Fringes
CARPENTERS:
Carpenter 19.55 5.15
Piledriverman 19.55 5.15
------------------------------------------------------------------------------------------------------------------------------
CEMENT MASONS 17.37 3.20
------------------------------------------------------------------------------------------------------------------------------
ELECTRICIANS:
AREA 1 18.74 2.93+3.8%
AREA 2 20.13 4.76+3.8%
AREA 3 19.98 3.44+3.8%
AREA 4 19.84 3.51+3.8%
AREA 5 20.54 3.54+3.8%
AREA 6 18.02 3.44+3.8%
ELECTRICIANS AREA DESCRIPTIONS
AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow, and Powell Counties
AREA 2: Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, Musselshell,
Powder River, Prairie Rosebud, Stillwater, Treasure, Wibaux, and Yellowstone Counties
AREA 3: Blaine, Cascade, Chouteau, Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, McCone,
Petroleum, Pondera, Phillips, Richland, Roosevelt, Sheridan, Teton, Toole, Valley, and Wheatland
Counties
AREA 4: Broadwater, Lewis and Clark, and Meagher Counties
AREA 5: Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders Counties
AREA 6: Gallatin, Park, and Sweet Grass Counties
------------------------------------------------------------------------------------------------------------------------------
IRON WORKERS:
Flathead, Glacier, Lake, Lincoln,
113
Mineral, Missoula and Sanders Cos. 20.43 8.83
Remaining Counties 18.97 6.60
------------------------------------------------------------------------------------------------------------------------------
LABORERS:
GROUP 1 13.68 4.14
GROUP 2 16.18 4.14
GROUP 3 16.35 4.14
GROUP 4 17.18 4.14
LABORERS CLASSIFICATIONS
GROUP 1: Flag person
GROUP 2: All General Labor work; Burning Bar; Bucket man; Carpenter Tender; Caisson Worker;
Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete worker; Curb
Machine-Lay Down; Crusher and Batch Plant Worker; Fence Erector; Form Setter; Form Stripper;
Heater Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders
and Unloaders; Riprapper; Sealants for Concrete and other materials; Sign Erection, Guard Rail and
Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman;
Traffic Control worker
GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners;
High-Pressure Nozzlemen; Jackhammer (Pavement Breaker); Laser equipment; Non-riding Rollers;
Pipelayer; Posthole Digger (power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-
power; Tampers
GROUP 4: Ashpalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete);
Powderman ($1.00 per hour above Group 4 rate); Rock & Core Drill; Track or Truck mounted Wagon
Drill; Welder including Air Arc
------------------------------------------------------------------------------------------------------------------------------
LINE CONSTRUCTION:
Equipment Operator 19.16 5.05
Groundman 15.40 5.05
------------------------------------------------------------------------------------------------------------------------------
PAINTERS:
Pavement marking and related work: Includes operating marking and all other equipment and all work
involved in traffic marking including removal, surface preparation and application of pavement arkings
including epoxies, paints, tape, buttons, thermo-plastics and any other products applied for traffic
marking purposes and for directing and regulating traffic
17.60 4.40
------------------------------------------------------------------------------------------------------------------------------
POWER EQUIPMENT OPERATORS:
GROUP 1 17.51 4.82
GROUP 2 18.38 4.82
GROUP 3 19.12 4.82
GROUP 4 19.71 4.82
114
GROUP 5 20.85 4.82
GROUP 6 21.44 4.82
GROUP 7 23.22 4.82
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: A-Frame Truck Crane; Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring
Machine (small); Cement Silo, Crane; Crusher Conveyor, DW-10, 15, and 20 Tractor Roller; Farm
Tractor; Forklift; Form-Grader; Front-end Loader under 1 cu yd;Oiler, Heavy Duty Drills; Pumpman;
Oiler (All, except Cranes and Shovels)
GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to & incl 3 cu yd Bit Grinder; Bitunimous Paving
Travel Plant; Boring Machine, large: Broom, Self-Propelled; Concrete Bucket Dispatcher; Concrete
Conveyor; Concrete Finish Machine; Concrete Float and Spreader; Concrete Travel Batcher;
Distributor; Dozer, Rubber tired, Push, and Side Boom; Drills, Heavy Duty (all types); Elevating
Grader/Gradall; Field Equipment Serviceman; Front-end Loader 1 cu yd to and incl. 5 cu yd; Grade
Setter; Hoist/Tugger (All Hydralift & Similar); Industrial Locomotive; Motor Patrol (Except Finish);
Mountain Skidder; Oiler, Cranes & Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled;
Pugmill; Pumpcrete/ Grout Machine; Punch Truck; Rollers (All except Asphalt Finish and Breakdown);
Ross Carrier; Rotomill under 6 ft; Trenching Machine; Washing/Screening Plant
GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving Machine;
Backhoe/Excavator/Shovel larger than 3 cu yd; Asphalt Screed; Concrete Batch Plant; Cableway
Highline; Concrete Curing Machine; Cranes, 24 tons & under; Cranes, Creter; Cranes, Electric
Overhead; Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer; Mechanic/Welder; Pioneer
Dozer; Rotomill 6 ft and over; Scraper, Single Engine; Scraper Twin or pulling Belly Dump; Yo Yo Cat
Front-end Loader over 5 cu yd;
GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor
Patrol; Finish Scraper
SPECIAL OPERATORS:
GROUP 5: Cranes, 45 tons to and including 74 tons
GROUP 6: Cranes, 75 tons to and including 149 tons
GROUP 7: Cranes, 150 tons to and including 250 tons; Cranes over 250 tons: add $1.00 for every 100
tons over 250 tons; Crane, Stiff-Leg or Derrick; Crane, Tower all); Crane, Whirley (all); Helicopter
Hoist
------------------------------------------------------------------------------------------------------------------------------
TRUCK DRIVERS:
GROUP 1 14.96 4.58
GROUP 2 19.55 4.58
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Pilot Car
115
GROUP 2: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor
Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers;
Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel
Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex
and Warehouse Expeditor; Water Trucks
------------------------------------------------------------------------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
========================================================================
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 (29 CFR 5.5(a)(1)(ii)).
------------------------------------------------------------------------------------------------------------------------------
In the listing above, the "SU" designation means that rateslisted under that identifier do not reflect
collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates
have been determined to be prevailing.
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, D. C. 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.
116
Washington, D. C. 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, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
****************************
117
The following Wage Determinations apply to Land Management Activity 004.
GENERAL DECISION MT020008 06/14/02 MT8
General Decision Number MT020008
Superseded General Decision No. MT010008
State: Montana
Construction Type: BUILDING
County(ies): FLATHEAD, LINCOLN, SANDERS, LAKE, & MINERAL
BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of
single family homes and apartments up to and including 4 stories)
Modification Number Publication Date
0 03/01/2002
1 06/14/2002
COUNTY(ies): FLATHEAD, LINCOLN, SANDERS, LAKE, & MINERAL
* ELEC0233E 04/01/2002
Rates Fringes
COMMUNICATIONS TECHNICIANS (Including
HVAC Control Wiring and other
Low Voltage Wiring) 18.47 4.25%+4.82
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ELEC0768E 06/01/2001
Rates Fringes
ELECTRICIANS (Excluding HVAC Control Wiring and other
Low Voltage Wiring) 23.00 7.28
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IRON0014H 07/01/2001
Rates Fringes
IRONWORKERS, STRUCTURAL 20.52 10.53
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* PLUM0459B 05/01/2002
Rates Fringes
PLUMBERS AND PIPEFITTERS (Including Piping for HVAC) 22.66 8.25
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* SFMT0669B 04/01/2002
Rates Fringes
SPRINKLER FITTERS, FIRE 24.50 7.05
118
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SUMT1009A 02/23/1999
Rates Fringes
ACOUSTICAL CEILING INSTALLER 10.38 0.92
CARPENTER (Including Form Work, excluding Acoustical Ceilings,
Batt/Blown Insulation,Cabinets, Drywall, Hardwood Floors, and
Overhead Doors) 13.97 2.16
CEMENT MASONS 15.05 0.58
LABORERS:
General 10.17 2.58
Cement Mason Tender 13.74 2.94
INSULATOR, BATT/BLOWN 9.77 0.75
OVERHEAD DOOR INSTALLER 13.03 3.31
PLUMBERS & PIPEFITTERS
(Set HVAC unit only) 17.02 3.79
POWER QUIPMENT OPERATORS:
Backhoe 13.00
Loader 13.80
ROOFERS 13.21 4.35
SHEET METAL WORKERS
(Set HVAC unit only) 17.02 3.79
SHEET METAL WORKERS (HVAC
Duct Work only) 13.90 2.00
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WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
==========================================================================
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 (29 CFR 5.5(a)(1)(v)).
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In the listing above, the "SU" designation means that rates listed under that identifier do not reflect
collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates
have been determined to be prevailing.
119
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, D. C. 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, D. C. 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, D. C. 20210
120
4.) All decisions by the Administrative Review Board are final.
*********************************
C6.01 - STATUTORY COMPLIANCE. (12/00) Purchaser agrees to conduct operations under this
contract and other related business activities in compliance with Federal, State, and local statutes,
standards, orders, permits, or other regulations. Failure to comply is a breach under C9.31. The contract
shall govern if such laws conflict with or preclude performance of contractual requirements.
C6.02 - INTERRUPTION OR DELAY OF OPERATIONS. (5/01)
(a) Purchaser agrees to interrupt or delay operations under this contract, in whole or in part, upon the
written request of Contracting Officer:
(i) To prevent serious environmental degradation or resource damage that may require
contract modification under C8.3 or termination pursuant to C8.2;
(ii) To comply with a court order, issued by a court of competent jurisdiction; or
(iii) Upon determination of the appropriate Regional Forester that conditions existing on
this timber sale are the same as, or nearly the same as, conditions existing on timber sale(s) named in
such an order, as described in paragraph (a)(ii).
(b) Purchaser agrees that in event of interruption or delay of operations under this Subsection that its
sole and exclusive remedy shall be:
(i) Contract Term Adjustment pursuant to B8.21 and
(ii) When such an interruption or delay exceeds 30 days, Contract Term Adjustment
pursuant to B8.21, plus Out-of-Pocket Expenses incurred as a direct result of interruption or delay of
operations under this Subsection. Purchaser agrees to provide receipts or other documentation to the
Contracting Officer that clearly identify and verify actual expenditures.
(c) “Out-of-Pocket Expenses” are unrecovered costs arising directly from performing the
contract as a result of an interruption of operations and occurring prior to contract termination.
Specifically, Forest Service will only reimburse Purchaser for the following costs:
(i) Costs of maintaining timber sale performance and payment bonds during the period
when operations are suspended;
(ii) Costs of maintaining downpayment or other cash deposit bonds during the period when
operations are suspended (measured by interest on the cash amount at the rate provided for in 41
U.S.C. 611);
(iii) Move in and out costs directly related to the interruption of operations or termination;
(iv) Estimated expenditures for felling, bucking, lopping, skidding, and decking any
products so processed, but not removed from Sale Area because of termination action (based upon
Forest Service appraisal methods in use when operations were interrupted); and
121
(v) The estimated expenditures for unused Temporary Roads and for Specified Road
construction multiplied by the ratio of remaining quantity to advertised quantity.
(d) Forest Service will not reimburse any other costs claimed by Purchaser as Out-of-Pocket
Expenses (for example, attorney’s fees, lost profits, debt, employee wages, equipment depreciation,
manufacturing inefficiencies, replacement cost of timber, or any other anticipatory losses suffered by
Purchaser).
C6.10 - PREWORK CONFERENCE. (10/01) Annually, prior to commencement of work, a prework
conference will be held to discuss contract terms and work performance requirements. Also at this
meeting such things as responsibility under OSHA, and procedures for how undesignated timber that
may have to be added to the contract (including danger trees) will be handled shall be discussed and
documented.
The Purchaser, or designated representative, will arrange for the meeting with the Contracting Officer.
C6.23 - PROTECTION OF LAND SURVEY MONUMENTS. (5/91) Forest Service shall
appropriately designate on the ground all known survey monuments including but not limited to
horizontal control stations (Triangulation Stations), vertical control stations (Bench Marks), property
corner monuments, and all Public Land Survey System monuments. This shall include reference
monuments, corner accessories such as bearing trees, line trees and line posts. Identifying signs shall be
posted by Forest Service on two sides of each known bearing tree and each line post shall be posted with
a metal sign or decal. Line trees may be cut if designated under B2.3.
In authorized clearings such as Clearcutting Units and road construction clearings, and in other instances
where damage to survey monuments, corners, corner accessories and survey of property line markers is
unavoidable, Forest Service shall arrange protective or perpetuative action which does not cause
unnecessary delay to Purchaser.
Purchaser shall protect all known survey monuments, witness corners, reference monuments, bearing
trees and line markers against avoidable destruction, obliteration or damage during Purchaser's
Operations. Additional monuments or objects discovered on the area shall be promptly reported to the
other party and shall also be protected. If any known monuments, corners, corner accessories, and
survey or property line markers are destroyed, obliterated or damaged during Purchaser's Operations,
Purchaser shall employ a registered professional land surveyor to reestablish or restore at the same
location the monuments, corners, corner accessories or line markers. Such surveyors shall use
procedures and monumentation that accords with the Bureau of Land Management Manual of
Instructions for the Survey of the Public Lands of the United States for General Land Office surveys and
any applicable State statutes concerned with land surveys. Purchaser's agent shall record such surveys
in accordance with state survey statutes.
122
C6.24# – SITE SPECIFIC PROTECTION MEASURES FOR CULTURAL RESOURCES. (7/01)
Measures needed to protect cultural resources identified on the Sale Area Map and on the ground
include:
Cultural Resources have been identified in Timber Harvest Units 1, 1A, 4, 8, 10 and 13 and Service
Area 3.
A buffer has been flagged around the sites with ORANGE flagging. No equipment is allowed to
operate within the flagged area.
To facilitate timber harvest or land management activities, Forest Service shall designate one crossing of
the protected area. Upon completion of activities any disturbed areas shall be restored as designated by
Forest Service.
C6.316# - LIMITED OPERATING PERIOD. (3/89) Except when agreed otherwise in writing,
Purchaser's operations shall be limited as follows:
Road #128:
No operations 4/1 to 5/31 -- Mile Post (MP) 0.00 to MP 5.1.
Mandatory LMA 004
Optional LMA 002, 003, 005, 010, 011 and 012 (Items 1.1, 1.2, 1.3, 1.4)
No operations 10/15 to 6/30 – MP 5.10 to termini.
Optional LMA 002 (portion above gate)
Road # 4729, 4729D and 4729E:
No operations 4/1 to 5/31 and 10/15 to 11/30.
Mandatory LMA 004.
Optional LMA 002, 005, 011 and 012 (Items 1.2,1.4). Purchaser shall be allowed access to LMA
011 to burn ROW slash. Burn season for pile burning is limited to the month of November. Access will
be allowed within the closure period, except for the first and last week of General Big Game rifle
hunting season, for up to 5 days.
Road # 4730:
No operations 10/15 to 6/30.
Optional LMA 002.
Optional LMA 012 (Items 1.1 and 1.3)
123
Road # 4792:
No operations 12/1 to 6/30.
Optional LMA 002 and 003.
Optional LMA 012 (Item 1.7)
Road # 4791V:
No motorized access 12/1 to 6/30. Non-motorized access not limited.
Optional LMA 012 (Item 2.1)
Road # 402 (MP 2.50), 402D, 402F, 402J and 402L.
No operations 10/15 to 5/31. Prior to June 30, Purchaser will be required to work behind a closed gate
on road 402 as specified under C5.41#.
After June 30, Purchaser’s operations are limited to 14 consecutive days once physical barriers on the
402F, 402J and 402L are removed. Purchaser must perform all requirements as specified under C6.001
for Optional LMA 005 and close these roads as directed under C5.41# within 14 days.
Road # 4727, 4727B, 4727H, 4727J, 4728, 4728C.
No operations 10/15 to 5/31. Prior to June 30, Purchaser will be required to work behind a closed gate
on road 4727 as specified under C5.41#.
Optional LMA 005
C6.33 - SAFETY. (3/88) When Purchaser's operations are in progress adjacent to or on Forest Service
controlled roads and trails open to public travel, Purchaser shall furnish, install and maintain all
temporary traffic controls which provide the user with adequate warning of hazardous or potentially
hazardous conditions associated with Purchaser's operations. Purchaser and Forest Service shall agree
to a specific traffic control plan for each individual project prior to commencing operations. Devices
shall be appropriate to current conditions and shall be covered or removed when not needed. Flaggers
and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and
Highways" (MUTCD) and as shown on Drawings, Sale Area Map, Traffic control plan or in
specifications attached hereto.
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Attachment C6.33 9/97
LOGGING AND MAINTENANCE OPERATIONS SIGNING STANDARDS
All signs must be manufactured & installed as specified in the FHWA "Manual on Uniform Traffic Control
Devices" (MUTCD) & FS publication "Standards for Forest Service Signs & Posters"( EM 7100-15).
SIGN STANDARDS
SHAPE & COLOR: Generally, signs for logging and maintenance operations are either diamond-shaped or
rectangular. All signs are reflective orange background with black legend and border unless shown
otherwise. Handpainted, homemade signs are not legal. Fluorescent paint is not reflectorized.
SUBSTRATE: Sign substrate material may be High Density Overlay (HDO) Plywood, Aluminum, Fiberglass
Reinforced Plastic, Corrugated Plastic or Roll-up Fabrics.
SIGN SIZE: Sign size is a factor of speed and MUTCD & FS standards. Where conditions of speed, volume, or special hazard require
greater visibility or emphasis, larger signs should be used. Minimum sizes for the most common signs can be found in Figure 4. Refer to
the EM-7100-15 for additional sign sizes.
LEGEND: All lettering shall be Series "C" alphabet, conforming to Standard Alphabets for Highway Signs. Letter size is also a function
of speed - use letter size and word messages as specified in MUTCD and EM-7100-15.
SIGN PLACEMENT
Signs are to be installed in locations as agreed to in the traffic control plan. All signs are to be removed, covered, or folded when
operations are not in progress or the sign message is not applicable. Signs should generally be located on the right-hand side of the
roadway. When special emphasis is needed, signs may be placed on both the left and right sides of the road. Sign message shall be clearly
visible to road users, mounted on posts or
portable sign stands.
HEAVY
TRUCK
LATERAL CLEARANCE TRAFFIC
From the edge of the road - 2 foot minimum, w here
slope limits to less than 6 feet. 6-12 foot preferred.
500
HEIGHT FEET
6' - 12'
Minimum of 7 feet,
Edge of travelway
measured from the bottom of the sign to the (2' minimum where slope limits
7' MIN
to less than 6')
6' MIN
near edge of the travelw ay. The height to the
bottom of a supplemental sign mounted below
the primary sign w ill be 6 feet.
Figure 1: Sign Placement Dimensions
_________________________________________________________________
Poste d or Dece larat ion t o list ed a dvisory speed
85 perc entil e MPH
spe ed MPH
______________________________________________________________________________
10 20 30 40 50
PLACEM ENT DISTANCE _________________________________________________________________________________________________________________________________
20 NA
Signs must be located 100-500 feet prior to the activity, 25 100
30 150 100
(both ends if a through road) and maintained at that distance. 35 200 175
40
This distance is based on speed. Refer to Figure 2 , Table II-1, 45
275
350
250
300
175
250
MUTCD, a portion of w hich is reproduced here, to determine 50
55
425
500
400
475
325
400
225
300
correct placement distance. 60
65
575
650
550
625
500
575
400
500
300
375
_______________________________________________________________________________
Figure 2: A Portion of MUTCD TABLE II-1
SIGN SUPPORTS
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POSTS: Signs are to be mounted on separate posts. Supplemental signs such as Speed Advisory plates are to be mounted on the same
post as the primary sign. Do not mount signs on trees or other signs. Posts may be wood, metal, carsonite or similar material. Where
sign supports cannot be sufficiently offset from the road edge, supports will meet breakaway standards. Single wood posts with less than
24 square inches do not require breakaway design.
TEMPORARY/PORTABLE SUPPORTS: Portable supports may be used for short-term, short-duration, and mobile conditions.
MUTCD defines this time period as one work shift, 12 hours or less. All portable supports must meet MUTCD standards, including
breakaway. These must be a minimum of 1 foot above the road surface or more if visibility requires it.
Figure 3: Examples of Temporary/Portable Supports
SIGNS
The following signs meet the intent of Timber Sale Contract Provision B6.33, SAFETY.
This is not a complete listing of signs that may be needed.
ROAD LOGGING END END
CONSTRUCTION END OPERATIONS LOGGING BLASTING
NEXT 5 MILES CONSTRUCTION NEXT 5 MILES OPERATIONS ZONE
FG20-1-48* FG20-2-48 FG20-3-42* FG20-3a-42 FW22-3-30
ROAD
ROAD LOGGING LOG BLASTING
CONSTRUCTION MACHINERY OPERATIONS ZONE
500 FEET 500 FEET TRUCKS
1000 FT
FW20-1-30* W21-3-30* FW21-4a-30 FW11-7-24 W22-1-36*
TRUCK HEAVY
CROSSING TRUCK
TRAFFIC
NEXT
7 M ILES
35 500
M.P.H. FEET
FW8-6-24 FW11-9a-24 W7-3a-24* W13-1-18** W20-7aP-24*
* Specify Distance ** Specify Speed
BM-L-O BM-R-O
Barricade Markers (See MUTCD for length and stripe size)
Figure 4: Commonly used Construction & Maintenance Signs
C6.332 - SAFETY (TIMBER HAULING). (10/01) Purchaser shall secure all productstransported by truck with at
least two chain or cable wrappers over the load, such wrappers being securely fastened to effectively contain every
bolt or log in at least two places.
127
C6.34 – SANITATION AND SERVICING. (12/00) Purchaser shall take all reasonable precautions to prevent
pollution of air, soil, and water by Purchaser’s Operations. If facilities for employees are established on Sale Area,
they shall be operated in a sanitary manner. Purchaser shall not service tractors, trucks, or other equipment on
National Forest lands where servicing is likely to result in pollution to soil or water. Purchaser shall remove from
National Forest lands all refuse resulting from use, servicing, repair, or abandonment of equipment. In the event
that Purchaser’s Operations or servicing of equipment result in pollution to soil or water, Purchaser shall conduct
cleanup to restore the polluted site to the satisfaction of Forest Service.
C6.351 # – WASHING EQUIPMENT. (2/02) In order to prevent the spread of noxious weeds into the Project
Area, Purchaser shall be required to clean all off-road logging and construction equipment prior to entry on to the
Project Area. This cleaning shall remove all soil, plant parts, seeds, vegetative matter, or other debris that could
contain or hold seeds. Only logging and construction equipment so cleaned and inspected by the Forest Service
will be allowed to operate within the Sale Area. All subsequent move-ins of equipment to the Project Area shall be
treated in the same manner as the initial move in. “Off-road equipment” includes all logging and construction
machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar
vehicles.
Purchaser shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of
noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection
does not disclose such material. Disassembly of equipment components or specialized inspection tools is not
required.
In order to prevent the spread of noxious weed species off the Project Area, Purchaser shall be required to clean all
off-road logging and construction equipment that operates in N/A prior to the equipment leaving the Project Area.
Purchaser and Forest Service shall agree on methods of cleaning, locations for the cleaning, and control of off-site
impacts, if any.
Unless otherwise agreed, purchaser shall give the forest service at least 24 hours notice when equipment is ready
for inspection. Notification will include an agreed upon location where the equipment will be available for
inspection by the forest service.
New infestations of noxious weeds, of concern to Forest Service and identified by either Purchaser or Forest
Service, on the Project Area or on the haul route, shall be promptly reported to the other party. Purchaser and
Forest Service shall agree on treatment methods to reduce or stop the spread of noxious weeds when new
infestations are found. A current list of noxious weeds of concern to Forest Service is available at each Forest
Service office.
C6.4# - CONDUCT OF LOGGING. (10/82) Unless otherwise agreed in writing, silvicultural prescriptions and
land management objectives shall be conducted and accomplished by the following requirements, methods and
procedures:
CUTTING UNIT CONDUCT OF LOGGING
All Skid trails, landings and temporary roads shall be built
such that no more than 15% of the unit is affected.
All Temporary roads shall be built, utilized and
closed in the same season.
Unit 12B No skidding or yarding equipment is allowed to
128
operate within the Special Treatment Zone (STZ).
Merchantable products shall be winched from outside
the STZ. Unmerchantable material meeting specifications
under C6.001# , LMA 001, shall be removed and deposited
outside of the STZ.
All Trees shall be felled, insofar as safety
permits, to angle in the direction of
skidding.
All Tractor skid roads shall be located and
approved in advance of falling.
All Skid trails will be kept to a minimum width
specified by Forest Service.
All Prior to completing the unit, Purchaser shall
drain skid roads by outsloping and/or
crossditching and skid trails by
crossditching and/or backblading as
designated on the ground by Forest Service.
All Logs shall be tractor skidded with the
leading end free of the ground.
All Tractors shall be restricted to approved skid
roads and/or skid trails.
C6.41# - SPECIAL FELLING REQUIREMENTS. (10/01) Unless otherwise agreed in writing, the following
special requirements shall be met in felling timber designated for cutting:
Cutting Unit Item or Area to be protected Protection Measure
ALL Pubic use of Snowshoe and Signs and Flagmen
Granite Creek roads. when felling operations
are adjacent to roadway.
C6.412# - TREATMENT OF STUMPS. (7/93 Unless otherwise agreed in writing, in areas shown on Sale Area
Map, Purchaser shall treat the stumps of all live ponderosa pine trees cut by Purchaser that have a stump diameter
equal to or larger than 10 inches. Treatment should be done as soon after tree felling as practical, preferably
within one (1) or two (2) hours, but no later than 24 hours. Treatment shall consist of removing sawdust and other
loose debris from the cut surface of the stump including exposed wood surfaces on all sides and apply powder or
liquid borate according to the following instructions:
129
POWDER APPLICATION - Apply enough borate to lightly cover stump surface including exposed wood surfaces
on all sides (approximately one (1) pound borate per 50 square feet of exposed wood surface). Apply the material
to all exposed wood surfaces. Stumps should be level and have no splinters for most effective use. Best method of
application is to sprinkle the material salt shaker style on the freshly cut stump surface. Care should be used
during application to minimize off-site application of this material. A powder dye shall be added to the borate as
an aid to insure complete coverage.
LIQUID APPLICATION - A 10 percent aqueous solution can be used for treatment. Apply the solution by brush
or spray to the stump until the surface is thoroughly wet (approximately 1 gallon per 40 square feet of exposed
wood surface). Apply the material to all exposed wood surfaces. A liquid dye shall be added to the borate solution
as an aid to insure complete coverage.
Purchaser shall only use material registered by the Environmental Protection Agency (EPA) for annosus root
disease control and follow all applicable label instructions.
C6.50# - STREAMSIDE MANAGEMENT ZONES. (12/90) A Streamside Management Zone (SMZ) is a zone
that contains riparian vegetation and other special characteristics. Areas identified as Streamside Management
Zones (SMZ's) are shown on the Sale Area Map and designated N/A.
Timber designation, conduct of logging, and/or slash treatment may differ in the SMZ from the rest of the unit.
Unless otherwise agreed to in writing and not withstanding the contract requirements otherwise applicable to each
cutting unit, the following special requirements apply to the SMZ of the cutting units specified below:
Streamside Management
Cutting Unit Zone Requirements
Where designated on Sale No equipment operation, cutting or removal of
Area map as a Protected timber, live or dead, shall be permitted within the
Streamcourse SMZ. Included timber shall be felled so that it lands
outside the SMZ.
C6.6# - EROSION PREVENTION AND CONTROL. (11/74)
A. Purchaser shall locate Temporary Roads according to operating schedule, B6.31. Such location shall
include the marking of road centerline or grade-line and the setting of such construction stakes as are necessary to
provide a suitable basis for economical construction and the protection of National Forest lands. Maximum
sustained grades for Temporary Roads shall be 14 percent.
B. Skidding with tractors within (as described in C6.50#) feet of live streams shall not be permitted except
in places designated in advance by Forest Service, and in no event shall skid roads be located in live or intermittent
Streamcourses. Skid trails shall be located high enough out of draws, swales, and valley bottoms to permit
diversion of runoff water to natural undisturbed forest ground cover.
C. During periods of accelerated water runoff, especially during the spring runoff and periods of heavy
rainfall, Purchaser shall inspect and open culverts and drainage structures, construct special cross ditches for road
runoff, and take other reasonable measures needed to prevent soil erosion and siltation of streams.
130
D. Tractor skid trails in excess of 35 percent shall be permitted only upon written agreement.
E. Temporary Road surface width shall be limited to truck bunk width plus four (4) feet, except for needed
turnouts which shall not exceed two (2) times the bunk width plus four (4) feet. If shovels or cranes with revolving
carriage are used to skid or load, Temporary Road surface width equal to track width plus tail swing shall be
permitted.
F. Unless otherwise agreed in writing, Purchaser shall keep erosion control work current with his operations
under the sale and in any case not later than 15 days after completion of skidding on each unit or subdivision.
C6.601# - EROSION CONTROL SEEDING. (2/02) Following completion of skidding and yarding operations in
an area, Purchaser shall seed and fertilize all exposed areas of raw soil on skid trails, landings, firebreaks, slides,
slumps, Temporary Roads and traveled ways of National Forest system roads scheduled for closure by Purchaser
after operations. Provision C5.41# - Closure to Use by Others contains a listing of the roads requiring the seeding
and fertilizing.
Soil on areas to be seeded shall be left in a roughened condition favorable to the retention and germination of the
seed. Scarification of traveled ways on Specified Roads listed above shall be to a minimum depth of N/Ainches
and a maximum depth of N/A inches.
Seed and fertilizer shall be spread evenly at the rate of 30 pounds of seed and 240 pounds of fertilizer per acre.
When fertilizer and seed are applied in separate operations, the second operation shall be carried out within 72
hours of the first.
Application shall be during the period July to September 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) shall be:
Species of Seed Pounds Per Acre
Annual Rye 12
Hard Fescue 6
Orchard Grass 6
Alsike Clover (inoculated) 6
30
Certified, blue-tagged seed shall be used where a name variety or cultivar is specified. Blue tags which are
removed to mix the seed shall be provided to the Forest.
All seed purchased will be certified to be free of the noxious weed seeds from weeds listed on the current "All
States Noxious Weeds List."
Test results from a certified seed analyst and seed analysis labels attached to the bags will be provided to the Forest
Service. Lab testing for noxious weeds will be conducted prior to seed mixing. Only after a finding and
documentation in writing of no weeds on the current "All States Noxious Weeds List" will the seed be accepted
and used.
131
The following kinds and amounts of standard commercial fertilizer shall be used with guaranteed analysis of
contents clearly marked on containers: (Use N/A if fertilizer is not required)
Type of Fertilizer Pounds Per Acre
25-10-10 240
C6.632# - TEMPORARY ROAD AND TRACTOR ROAD OBLITERATION. (2/02) Notwithstanding the
provisions of B6.63 and B6.65, unless otherwise agreed, temporary roads accessing all units) and tractor roads
within all units constructed for use with this sale shall be obliterated after they have served the Purchaser's purpose.
Obliteration shall consist of recontouring road prism including all cut and fill slopes to natural ground contour.
Equipment will not be permitted to operate outside the clearing limits. In addition, from 10 to 12 tons per acre of
clearing or logging slash, stumps or other woody debris shall be placed and scattered uniformly on the top of the
recontoured corridor.
C6.633# - TEMPORARY ROAD, SKID TRAIL/SKID ROAD AND LANDING SCARIFICATION. Unless
waived in writing by the Forest Service on specific roads, skid trails/skid roads or landings, all landings, skid
trails/skid roads, and Temporary Roads constructed or used by Purchaser shall be scarified by the Purchaser
following use.
Scarification shall span the width of the compacted areas and shall be done to a depth of not less than 4 inches, but
not to exceed a depth of 14 inches, and must effectively prepare the ground for seeding.
Scarification shall be done during the period July to September unless otherwise approved. No scarification work
shall be done during wet weather or when the ground is frozen or otherwise unsuitable.
C6.711 - BURNING BY PURCHASER. (10/79) Purchaser shall obtain a written permit from Forest Service
before burning any camp refuse, brush, slash or construction debris at any time throughout the year. The terms of
the permit will set forth:
A. Area or location where burning is permitted.
B. Material to be burned.
C. Safeguards, including help and equipment to control the fire.
D. Special precautions to be taken before burning.
E. Control action needed until the fire is out.
C6.753 - TEMPORARY ROAD CONSTRUCTION SLASH DISPOSAL. (10/82) Unless agreed otherwise in
writing, Temporary Road slash shall be disposed of or treated in accordance with the following:
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A. All timber within the road clearing limits which contains a product meeting the minimum piece
specifications stated in A2 shall be felled (not pushed over) and bucked in advance of road construction. All
timber shall be felled within the clearing limits whenever it is feasible to do so.
B. Timber within the clearing limits not meeting minimum piece specifications in A2 and other debris from
the clearing and grubbing operations more than three (3) inches in diameter and three (3) feet in length shall either
be (a) utilized and removed from Sale Area, (b) burned within the right of way, (c) removed to designated
locations shown on Sale Area Map for burying or later burning, (d) buried, (e) processed through a chipping
machine, (f) scattered in such a manner as to avoid concentrations of slash and without damaging other trees or
resource values, (g) decked, or (h) a combination thereof.
C. All material to be treated or disposed of shall be bucked into lengths not to exceed 20 feet before being
piled or buried.
D. If debris is to be burned, burning shall be complete and shall be done at such times and in a manner
approved in writing by Forest Service. Residual construction slash from burning shall be buried, scattered or
removed to agreed locations.
E. Debris to be buried shall be placed in prepared holes, benches, or trenches at agreed locations and
covered with not less than two (2) feet of native soil or rock. Slash and debris may be buried in the roadway
providing hauling can be supported and providing there is little probability or hazard of slope failure.
F. If debris is to be chipped, the chips shall be spread over the surface of the ground in such a manner that
their loose depth does not exceed six (6) inches. Chips may be mixed with soil within roadway.
G. Slash and debris may be scattered in those situations where the volume of slash or residual slash is
relatively light and the adjacent stands of timber are sufficiently open to accommodate the scattering without
damage.
H. If material is decked, logs not meeting Utilization Standards that are six (6) inches or more in diameter
shall be bucked into lengths not to exceed 32 feet and piled at agreed locations.
C6.822# - PRESENTATION FOR WEIGHT SCALING. (10/01) To facilitate the requirement of B6.82 that
loads be presented so that they may be weighed in an economical and safe manner, and to aid in the accountability
requirements of C6.84, Purchaser, unless otherwise agreed in writing, shall:
A. Utilize scales that meet the standard for commercial vehicle scales defined in the National Bureau of
Standards Handbook 44, current edition.
B. Weigh all loads on scales currently certified by the State in which weighed. Scales must have a current
inspection tag or seal posted which shows the date of the most recent test by the State weights and measures
agency. No load shall be presented for weighing that weighs more than the certified capacity of the scales in use.
Each load shall be weighed as a single unit with the gross and tare weights stamped and recorded by an automatic
recording device on the scales. In addition to the gross weight and the tare weight of the load, Purchaser shall
record the following information on each weight slip:
a. Sale name
b. Load Removal Receipt number
c. Date and time weighed
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C. Maintain load accountability from the Sale Area to point of weighing. In so doing, the load of products
shall remain intact while in transit. Products accidentally lost in transit shall be promptly identified by Load
Removal Receipt number and sale designation. Purchaser shall, within 72 hours, load out such lost products and
present them for weighing or make other arrangements acceptable to Forest Service.
D. Clearly and legibly paint the last three digits of the Load Removal Receipt in large numbers in ORANGE
colored paint on the back end of at least three (3) logs of every load transported from the Sale Area
C6.823 - VOLUME DETERMINATION. (2/93) Volume determination shall be based on Weight Measurement
unless otherwise agreed. Products shall be weighed on certified scales at locations agreed to by Purchaser and
Forest Service. The weight ticket, showing sale name, truck ticket number, date and time weighed, and the gross
and tare weights, shall be attached to the Truck Ticket Scaler Receipt/Permit and placed in the location(s) as
designated by the Forest Service. Upon request, Purchaser shall furnish Forest Service a copy of the scales
certification.
In the event of weight scale equipment breakdown or suspension of use for other reasons, hauling will be
suspended until Purchaser and Contracting Officer agree to an alternate weighing location.
If load removal receipts or weigh tickets are not provided for any reason, Forest Service shall use data from the
records during the period in which loss occurred to determine weight of load(s). The weights of such load(s) shall
be deemed equal to the load with the heaviest net weight presented during the payment period in which the loss
occurred.
Payment for lost products may not be required if Forest Service determines that the weight of such lost products
involved is small and justified by existing conditions.
C6.840- WEIGHT ACCOUNTABILITY. (10/01) Products shall be accounted for as follows:
A. Requirements Applicable to Purchaser Accountability Obligations
a. Where Purchaser's product accountability responsibilities are concerned, all operations performed
by Purchaser's employees, agents, contractors, subcontractors, their employees or agents, Purchaser's
obligations shall be the same as if performance is by Purchaser.
B. Requirements Applicable to Woods Receipt Ticket Book
a. Forest Service will issue to Purchaser or designated representative(s) serially numbered Woods
Receipt ticket books for use only on this sale. Woods Receipt ticket books whether used or unused shall be
accountable property of Forest Service and shall be returned to issuing District Ranger in accordance with
instructions contained on cover of each book.
b. Purchaser shall require:
1. All receipts be filled out in ink by an individual named in writing other than the truck
driver and be attached to load before products are hauled from immediate vicinity of or
adjacent to location where loading is done showing date loaded, brand, sale name, and
destination where products will be weighed. Receipts shall be attached in accordance with
instructions on inside cover of Woods Receipt ticket book.
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2. Before products are hauled, truck driver to sign legal signature in ink on Woods Receipt
stub.
3. Purchaser shall assure that all used Scaler Receipts are returned to the issuing Contracting
Officer or as otherwise agreed.
C. Requirements Applicable to Weight Slips
a. Purchaser shall assure that:
1. All products removed are presented for weighing at agreed to locations and that gross and
tare weights are obtained on certified scales.
2. That weight slips for each load are attached to proper Scaler Receipt and deposited in
accordance with procedures established by the Forest Service.
C6.842 - ROUTE OF HAUL. (10/01) Within 60 days of date Forest Service executes and returns contract and as
part of the annual operating schedule, Purchaser shall furnish Forest Service a map and a written general plan for
hauling Included Timber from Sale Area. The plan shall set forth:
A. Designated haul route(s)
B. Designated weight scales
Forest Service written approval of the haul route(s) and weight scales is prerequisite to commencement of
Purchaser's operations. The designated weight scales must be certified to be acceptable by Forest Service. The
Purchaser may be required to furnish Forest Service a copy of certification upon request.
Upon advance written agreement, other haul routes may be approved. All products removed from Sale Area shall
be transported over the designated routes of haul. Purchaser shall notify Forest Service when a load of products,
after leaving Sale Area, will be delayed for more than 12 hours in reaching weighing location.
Purchaser shall require truck drivers to stop, if requested by the Forest Service, for accountability checks when
products are in transit from Sale Area to the designated weighing location.
Locations for accountability checks shall be agreed to by Purchaser and Forest Service in advance of haul. Such
locations shall be established only in areas where it is safe to stop trucks.
Forest Service will notify Purchaser of the methods to be used to alert truck drivers of an impending stop.
C7.2 - NORMAL PRECAUTIONS. (2/02) Specific fire precautionary measures are set forth below. Upon
request of Forest Service, Purchaser shall permit and assist in periodic testing and inspection of required fire
equipment. Purchaser shall promptly remedy deficiencies found through such inspecting and testing.
The following requirements shall apply during the period stated in A17 and during other such periods as specified
by Forest Service.
A. Fire Extinguishers and Tools Required with Equipment. Each unit of powered equipment used in
connection with this sale shall be equipped with serviceable tools and fire extinguishers acceptable to Forest
Service as follows:
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1. STATIONARY EQUIPMENT. Examples include yarders, log loaders, Hahn Harvester, stroke
delimbers, roadside/landing based processors, whole tree chippers, rock crusher, asphalt plant, or other
equipment working at fixed locations such as a landing or rock crushing site.
One - Fire extinguisher, dry chemical type of not less than 2.5-pound capacity with 4 B.C. or higher
rating.
One - 5-gallon standard galvanized metal, fiber glass or rubberized backpack water container, with
handpump attached, to be filled at all times.
Weatherproofed tool box marked "FIRE ONLY," equipped with a hasp, kept sealed, and containing:
One - Axe, double bit, 3.5#
Two - Shovels (round point #0 lady or equal)
Two - Pulaskis
The tool box shall be mounted on equipment, if feasible, unless another location is agreed to in writing. The
tool box shall be within 100 feet of the designated machine at all times when operating. Only one (1) tool
box is required at each active fixed location site.
2. MOBILE EQUIPMENT. Examples include crawler tractors, rubber-tire skidders, soft-track
skidders, forwarders, feller-bunchers, feller-processors, excavators, front-end loaders, back-hoes, scrapers,
and motor graders.
One - Fire extinguisher, dry chemical type of not less than 2.5-pound capacity with a 4 B.C. or higher
rating.
One - Shovel (round point #0 lady or equal). For equipping mobile equipment, an acceptable
substitute is a "D-handle" round point shovel with a minimum 27-inch handle and a minimum 8- by
11-inch blade.
One - Axe, double bit, 3.5#, or one pulaski.
3. SUPPORT EQUIPMENT. Examples include trucks, low-boys, busses, pickups, panels,
automobiles, service trucks, or similar equipment used in transporting logs, people, equipment, and/or
materials.
One - Fire extinguisher, dry chemical type of not less than 2.5-pound capacity with 4 B.C. or higher
rating
One - Shovel (round point #0 lady or equal)
One - Axe, 2# or over, 26-inch minimum length, or one pulaski
One - Bucket or similar water container (at least 1-gallon capacity)
4. POWER SAWS
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One - Shovel (round point #0 lady or equal). Shovel shall be with gas containers and/or no more than
100 feet distance from where sawyer is working.
One - Fire extinguisher, containing not less than eight (8) ounces of extinguisher fluid or a dry
chemical powder type of not less than one (1) pound capacity. The extinguisher shall be carried by
the operator at all times.
Any fueling or refueling of a power saw shall only be done in an area which is free of or which has
first been cleared of all material capable of carrying fire; such power saw shall be moved at least 10
feet from place of fueling before starting.
B. Fire Tools on Sale Area. Purchaser shall furnish and maintain in serviceable condition, in quantities and
at locations to be designated by Forest Service, tool boxes, fire tools and other fire equipment to be used only for
suppressing forest fires. Each tool box shall be weatherproofed and marked "TOOLS FOR FIRE ONLY" and kept
sealed. These requirements are in addition to fire tool requirements for mobile, stationary, support or power saw
equipment.
1. Special tool caches shall not be required when less than 20 people are employed on Sale Area,
excluding logging truck drivers.
2. Operations employing 20 to 30 people on Sale Area, excluding truck drivers, shall furnish a tool
cache as follows:
One - Axe, double bit, 3.5#
Five - Shovels (round point #0 lady or equal)
Five - Pulaskis
For each multiple of 10 people over 30, the above tool cache requirement shall be doubled.
C. Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark
arresting device approved by Forest Service. Exceptions where Forest Service may approve mufflers or other
equipment in lieu of spark arresters qualified and rated under Forest Service standard 5100-1a are: (a) small multi-
position engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards, (b) passenger-
carrying vehicles and light trucks may have baffle-type muffler with tail pipe, (c) heavy-duty trucks may have a
vertical stack exhaust system with muffler, provided the exhaust stack extends above the cab of the vehicle, (d) an
exhaust driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust
systems, arresters and other devices shall be properly installed and maintained.
D. Blasting. Fuse or prima cord shall not be used unless authorized in writing by Forest Service, with
special precautions stated.
E. Smoking. Smoking shall not be permitted within logging operations except on surfaced or dirt roads, at
landings, within closed vehicles, in camps or at other posted places. Smoking shall not be permitted while working
or traveling on foot, within or through Sale Area.
F. Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood-burning
stoves shall be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8
inch. All stovepipes, inside and out, shall not be closer than two (2) feet from any wood or other flammable
material or one (1) foot if the combustible material is protected by a metal or asbestos shield.
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G. Debris Around Buildings. The grounds around buildings, tents and other structures shall be kept free of
flammable material for a distance of at least 15 feet from the wall of such structures.
H. Storage of Petroleum and Other Highly Inflammable Products. Gasoline, oil, grease, or other highly
flammable material shall be stored either in a separate building or at a site where all combustible debris and
vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at
such locations specified by Forest Service when unusually hazardous conditions exist.
I. Debris Burning and Warming Fires. Burning permits shall be required throughout the year for all debris
burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger as
specified in the fire plan. Such fires shall not be left unattended.
J. Cable Logging. All tail blocks and corner blocks shall be of an accepted haulback design which prevents
line fouling and used with line guards. Such blocks shall be located to prevent cables from rubbing against trees,
snags, down logs or rock when operating.
Areas adjacent to blocks shall be cleared of flammable material within a 5-foot radius. One (1) shovel and one (1)
pulaski shall be maintained within 10 feet of each block.
K. Emergency Measures. Additional measures and/or other special requirements necessary during periods
of critical fire-weather conditions shall be included in the fire prevention and presuppression plan.
L. Welding. Welding and use of cutting torches or cutoff saws will be permitted only in areas that have
been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed
from within a minimum 10-foot radius of all welding and cutting operations. A shovel and a 5-gallon standard
backpack water container filled and with handpump attached shall be immediately available for use in the event of
a fire start.
C8.2 - TERMINATION. (9/9/1999) The Chief, Forest Service, by written notice, may terminate this contract, in
whole or in part, (a) to comply with a court order, regardless of whether this sale is named in such an order, upon
determination that the order would be applicable to the conditions existing on this sale; or (b) upon a determination
by the Chief that the continuation of all or part of this contract would:
(i) cause serious environmental degradation or resource damage;
(ii) be significantly inconsistent with land management plans adopted or revised in accordance with Section 6
of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended;
(iii) cause serious damage to cultural resources pursuant to C6.24#;
(iv) adversely affect species listed as threatened or endangered under the Endangered Species Act, 16 U.S.C.
1531, et seq., or a sensitive species, identified by the Regional Forester.
Compensation for termination under this provision shall be calculated pursuant to C9.52.
C8.23 - CONTRACT TERM EXTENSION. (9/9/1999) "Contract Term Extension" means an extension of the
term of this contract, at the request of Purchaser, other than Contract Term Adjustment under B8.21. This
provision shall not obligate Forest Service to grant Contract Term Extension.
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An extension can only be granted when the Forest Service has determined that the Purchaser has diligently
performed under the terms of this contract and when such extension is determined to be in the best interest of the
Forest Service.
C8.3 - CONTRACT MODIFICATION. (9/9/99) The conditions of this sale are completely set forth in this
contract. This contract can be modified only by written agreement of the parties. Contract modifications, with
compensating monetary adjustments where appropriate, may be made on behalf of Forest Service only by the
Contracting Officer signing this contract, his successor or superior officer.
C8.65# – USE OF TIMBER. (7/01) (a) This contract is subject to the Forest Resources Conservation and Shortage
Relief Act of 1990, as amended (16 USC 620, et seq.).
(b) Except for NONE determined pursuant to public hearing to be surplus, unprocessed Included Timber
shall not be exported from the United States nor used in direct or indirect substitution for unprocessed timber
exported from private lands by Purchaser or any person as defined in the Act (16 USC 620e).
(c) Timber in the following form will be considered unprocessed:
(i) Trees or portions of trees or other roundwood not processed to standards and specifications suitable for
end product use,
(ii) Lumber, construction timbers or cants intended for remanufacturing not meeting standards defined in the
Act (16 USC 620e), and
(iii) Aspen or other pulpwood bolts exceeding 100 inches in length.
(d) Unless otherwise agreed in writing, unprocessed Included Timber shall be delivered to a domestic proc-
essing facility and shall not be mixed with logs intended for export.
(e) Prior to award, during the life of this contract, and for a period of 3 years from Termination Date, Pur-
chaser shall furnish to Forest Service, upon request, records showing the volume and geographic origin of
unprocessed timber from private lands exported or sold for export by Purchaser or affiliates.
(f) Prior to delivering unprocessed Included Timber to another party, Purchaser shall require each buyer,
exchangee, or recipient to execute an acceptable agreement that will:
(i) Identify the Federal origin of the timber;
(ii) Specify domestic processing for the timber involved;
(iii) Require the execution of such agreements between the parties to any subsequent transactions involving
said timber;
(iv) Require that all hammer brands and/or yellow paint must remain on logs until they are either legally
exported or domestically processed, whichever is applicable; and
(v) Otherwise comply with the requirements of the Act (16 USC 620d).
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(g) No later than 10 days following the execution of any such agreement between Purchaser and another
party, Purchaser shall furnish to Forest Service a copy of each such agreement. Purchaser shall retain, for 3 years
from Termination Date, the records of all sales, exchanges, or dispositions of all Included Timber.
(h) For breach of this provision, Forest Service may terminate this contract and take such other action as may
be provided by statute or regulation, including the imposition of penalties. When terminated by Forest Service
under this provision Forest Service will not be liable for any claim submitted by Purchaser relating to the
termination.
C9.1 – LETTERS OF CREDIT. (6/78) Notwithstanding the provisions of B9.1, approved letters of credit may
be used in lieu of a surety bond for performance bond purposes. Such letters of credit shall be subject to Forest
Service approval.
C9.11 Amount of Performance Bond (9/9/1999) The amount of the performance bond will be established by
agreement prior to execution of the contract; however, the minimum acceptable bond will be $ 15,000.00. If
agreement on the amount has not been reached, the Contracting Officer shall establish the minimum acceptable
amount at the time the contract is executed.
C9.2 - DISPUTES. (7/99) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 611). Except
as provided in the Contract Disputes Act of 1978, all disputes arising under or relating to this contract shall be
resolved in accordance with this Section.
As used herein, "Claim" means a written demand or assertion by one of the parties seeking, as a legal right, the
payment of money, adjustment or interpretation of contract terms, or other relief, arising under or relating to this
contract. A voucher, invoice, or request for payment that is not in dispute when submitted is not a Claim for the
purposes of the Contract Disputes Act of 1978. However, where such submission is subsequently not acted upon
in a reasonable time, or disputed either as to liability or amount, it may be converted to a Claim. A Claim by the
Purchaser shall be made in writing and submitted to the Contracting Officer for decision. A Claim by the
Government against the Purchaser shall be subject to a decision by the Contracting Officer.
For Purchaser Claims of more than $100,000, the Purchaser shall submit with the Claim a certification that the
Claim is made in good faith; the supporting data are accurate and complete to the best of the Purchaser's
knowledge and belief; and the amount requested accurately reflects the contract adjustment for which the
Purchaser believes the Government is liable. The certification shall be executed by the Purchaser if an individual.
When the Purchaser is not an individual, the certification shall be executed by a senior company official in charge
at the Purchaser's plant or location involved, or by an officer or general partner of the Purchaser having overall
responsibility for the conduct of the Purchaser's affairs.
For Purchaser Claims of $100,000 or less, the Contracting Officer must render a decision within 60 days. For
Purchaser Claims in excess of $100,000, the Contracting Officer must decide the Claim within 60 days or notify
the Purchaser of the date when the decision will be made.
The Contracting Officer's decision shall be final unless the Purchaser appeals or files a suit as provided in the
Contract Disputes Act of 1978.
The authority of the Contracting Officer under the Contract Disputes Act of 1978 does not extend to Claims or
disputes which by statute or regulation other agencies are expressly authorized to decide.
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Interest on the amount found due on a Purchaser Claim shall be paid from the date the Claim is received by the
Contracting Officer until the date of the payment.
Except as the parties may otherwise agree, pending final resolution of a Claim of the Purchaser arising under the
contract the Purchaser shall proceed diligently with the performance of the contract in accordance with the
Contracting Officer's decision.
C9.21 - SUBMISSION OF CLAIM. (7/99) Purchaser Claims under this contract shall be submitted in writing to
the Contracting Officer. Date of receipt by the Contracting Officer shall be considered as the beginning date for
determining any interest due on Claims.
Purchaser shall file such Claim within the following time limits. Failure by Purchaser to submit a Claim within
these time limits shall relinquish the United States from any and all obligations whatsoever arising under said
contract or portions thereof when:
(a) Purchaser constructs Specified Road - Purchaser must file any Claim not later than 60 days after receipt
of Forest Service written notification of acceptance.
(b) Forest Service constructs Specified Road - Purchaser must file any Claim not later than 60 days after
receipt of Forest Service written notification authorizing use of road.
(c) All other - Purchaser must file any Claims not later than 60 days after receipt of Forest Service written
notice to Purchaser that sale is closed.
C9.22 - CONTRACT DOCUMENTS. (11/98) All contract documents are intended to be consistent with each
other. In case of discrepancy, the following is the order of precedence:
(a) Special Provisions (C).
(b) Sale Area Map.
(c) Specific Conditions (A) and Schedule of Items.
(d) Standard Provisions (B).
(e) Special Project Specifications.
(f) Plans, such as slash, erosion control, dust abatement, etc.
(g) Agreements between the Purchaser and Forest Service, as authorized under the contract.
(h) Drawings.
(i) Figured dimensions over scaled dimensions.
(ii) Large scale Drawings over small scale Drawings.
(i) Standard Specifications.
(j) Lists and/or tables on Drawings over any conflicting notations on Drawings.
(k) Shop Drawings.
C9.31 - TERMINATION FOR BREACH. (5/01) Contracting Officer, with the concurrence of the Regional
Forester, may terminate this contract for breach in the event Purchaser:
(a) Is convicted for violation of criminal statutes, civil standards, or any other offense indicating a lack of
business integrity or honesty that seriously and directly affects the responsibility of Purchaser; including, but not
limited to:
(i) Theft, forgery, bribery, embezzlement, falsification or destruction of records, making false statements, or receiving stolen property, any of which
occurred in connection with obtaining, attempting to obtain, selling, trading, or processing public timber;
(ii) Fraud, criminal offenses, or violation of Federal or State antitrust laws, any of which occurred in
connection with obtaining, attempting to obtain, or performing a public contract or subcontract; or
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(iii) Threatening, resisting, intimidating, or interfering with Forest Officers engaged in, or on account
of, the performance of their official duties involving the protection, improvement, or administration of National
Forest lands.
(b) Is convicted for a violation of criminal statutes or civil standards, orders, permits, or other regulations
for environmental protection issued by a Federal agency, State agency, or political subdivision thereof in the
conduct of operations hereunder on National Forest lands, pursuant to C6.01;
(c) Has engaged in a pattern of activity that demonstrates flagrant disregard for the terms of this contract,
such as, but not limited to, repeated suspensions for breach pursuant to B9.3, causing undesignated timber meeting
Utilization Standards to be unnecessarily damaged or negligently or willfully cut, or causing other serious
environmental degradation or resource damage;
(d) Fails to comply with contract provisions related to nondiscrimination in employment; or
(e) Fails to remedy a breach of contract within time limits stated in B9.3.
Damages due the United States for termination under this Subsection shall be determined pursuant to C9.4.
C9.4 - FAILURE TO COMPLETE CONTRACT. (9/9/1999) In event of (a) termination for breach or (b)
Purchaser's failure to cut designated timber on portions of Sale Area or (c) Purchaser's failure to complete
mandatory land management activities listed in A5c by Termination Date, Forest Service shall determine damages
as follows:
(a) Cost of completing mandatory land management activities based on rates in A5c.
(b) Current Contract Value for timber cut, removed, and not paid for and Current Contract Value for
timber cut but not removed from Sale Area.
Damages due the United States for Purchaser's failure to complete contract shall be the total of items (a) and (b)
above less any unused established Land Management Credits. Damages not satisfied by unused established Land
Management Credits will be assessed against unencumbered cash deposits and the performance bond. Purchaser
shall be billed for any damages not covered by the above.
C9.51 - SETTLEMENT FOR THREATENED, ENDANGERED, OR SENSITIVE SPECIES TERMINATION.
(12/00) In the event of termination of this contract, in whole or in part, by the Chief based upon the Chief's
determination that continuation of all or part of this contract would adversely affect a species listed as threatened
or endangered under the Endangered Species Act, 16 U.S.C. 1531, et seq., or a sensitive species identified by the
Regional Forester, Purchaser agrees that its sole and exclusive remedy shall be reimbursement for Out-of-Pocket
Expenses, as defined in C6.02. Purchaser agrees to provide receipts or other documentation to Contracting Officer
that clearly identify and verify actual expenditures.
C9.52 - SETTLEMENT FOR ENVIRONMENTAL CANCELLATION. (6/27/01) In the event of termination of
this contract, in whole or in part, by the Chief, Forest Service, Purchaser agrees that the liability of the United
States shall be limited to the express remedies contained within this provision.
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In the event of termination or partial termination, Purchaser agrees that its sole and exclusive remedy shall be the
sum of (a) established Land Management Credits; (b) the estimated expenditures for land management activities
listed in C6.001 that have been partially completed but not accepted under C3.5; (c) the estimated expenditures for
felling, bucking, lopping, skidding, and decking any products so processed, but not removed from Sale Area; and
(d) the out-of-pocket expenses involved in acquiring and holding this contract. Cost estimates for items listed in
(b) and (c) shall be based upon Forest Service appraisal methods in use on the date contract is terminated. Out-of-
pocket expenses are as defined in C6.02. Purchaser agrees to provide receipts or other documentation to the
Contracting Officer which clearly identify and verify actual expenditures.
C9.53 - SETTLEMENT FOR ADMINISTRATIVE APPEAL OR LITIGATION. (12/00) In the event of
termination of this contract, in whole or in part, by the Chief as a result of an administrative appeal or litigation of
the decision to sell timber included in this contract or pursuant to C8.2, paragraph (a), Purchaser agrees that its sole
and exclusive remedy shall be reimbursement for Out-of-Pocket Expenses, as defined in C6.02. Purchaser agrees
to provide receipts or other documentation to Contracting Officer that clearly identify and verify actual
expenditures.
In the event of modification by Contracting Officer or partial termination, changes to the contract shall be limited
to those determined by Contracting Officer to be necessary for correction of the deficiencies raised by the appeal
or lawsuit. Changes to the contract shall be limited to requirements with which Purchaser can reasonably comply.
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