HomeMy WebLinkAboutFINAL Hand Cutting Contract HC2021-A - Revised
City of Bremerton
HAND CUTTING
Contract Number #HC2021-A Revised
Contract Digest: Hand Cutting 2021-A Revised
Definitions
SECTION I – CONTRACT CLAUSES
A. General Provisions B. Specifications for the Activity C. Compliance Inspection and Payments
SECTION II – MAPS AND UNIT INFORMATION
A. Unit Descriptions B. Unit Maps
C. Vicinity Map
SECTION III – FORMS FOR BIDDER TO COMPLETE
A. Bid Form B. Contractor’s Declaration of Industrial Insurance Status
C. Solicitation to Offer and Contract Award
DEFINITIONS
‘Compliance Forester(s)’ means the City of Bremerton (COB) staff person(s) identified in the Pre-Work Conference who perform the compliance inspections, approve Work, recommend payment to the Forestry Manager, manage the Work Schedule, and assist with sapling distribution. ‘Conifer’ means a tree that is a Douglas-fir, true fir, pine, hemlock, spruce, or cedar.
‘Contractor’ means the business entity engaged with COB to complete the terms of this contract.
‘Designated Contract Representative(s)’ means those individual(s) designated by Contractor on the Pre-Work Form during the Pre-Work Conference.
‘Force Majeure’ means those acts that are unforeseeable and beyond the control of either party to the contract. Acts of Force Majeure include, but are not limited to acts of God, the public enemy, fire, or other casualty.
‘Forestry Division Manager’ means the COB staff person who processes this contract, makes payments, provides and facilitates dispute resolution, provides technical advice to the Compliance Forester, and is the first point of contact for questions relating to this contract or interpretation of Work.
The Forestry Division Manager may perform the duties of the Compliance Forester. May be referred to as the Forestry Manager.
‘Hardwood’ means any tree or tall shrub with broad leaves. Examples include alder, elderberry, bigleaf maple, vine maple, madrone, cottonwood, cherry, and willow. ‘Inspection Plot’ is a systematic field measurement used by the Compliance Forester to assess and rate Contractor performance. ‘Leader’ is the topmost shoot of a tree. While some trees may have multiple tops, the ‘Leader’ is the tallest and most dominant.
‘Pre-Work Conference’ is the meeting between COB and Contractor after award of the contract and before commencement of Work. Its purpose is to agree upon logistics and the Work Schedule. ‘Severely Suppressed Conifer’ means a Conifer which is unlikely to respond to release treatment or likely to be damaged during the felling of Hardwood trees less than 5” dbh. These typically are found under a heavy canopy of Hardwood trees and are less than half the height the Hardwood trees, and are often spindly, sparsely needled, and leaning. Douglas-fir, true fir, or white pine with drooping or bending stems (other than fresh new growth) should be considered ‘Severely Suppressed’.
‘Unit’ is the individual geographical area on which Work will be done. Each Unit is specifically identified by number on the Unit Description (Section II-A), corresponding Unit Map (Section II-B), and Bid Form
(Section III-A). ‘Unit Bid Price’ is the rate per acre, written in the Unit Bid Price column of the Bid Form (Section III- A). ‘Unit Total’ is the total amount (in dollars) that Contractor agrees to be paid for each Unit, written in the Unit Total column of the Bid Form (Section III-A).
‘Work’ includes all hand cutting activities performed by Contractor in the Units. ‘Work Schedule’ means the approved order and timeline for how the requirements of this contract, including Work on individual Units or groups of Units, will be fulfilled by the Contractor.
SECTION I-A: GENERAL PROVISIONS
A-1 Contractor’s Warranty
Contractor warrants that it has had an opportunity to fully inspect the contract area and enters this contract based upon its own judgment of the costs of performing the Work, formed after its own examination and inspection. Contractor also warrants to the City of Bremerton (COB) that it
enters this contract without any reliance upon the sapling estimates, acreage, pre-bid documentation, or any other representation by COB, including but not limited to:
A. Conditions bearing upon transportation, disposal, handling, and storage of materials; B. Availability of labor, water, electric power, and road;
C. Uncertainties of weather, river stages, tides, or similar physical conditions at the Unit(s); D. The confirmation and conditions of the ground; E. Seasonal conditions that may affect the timing and use of materials needed for the Work; and
F. The character of equipment and facilities needed to complete the Work. Any failure of Contractor to take the actions described in this Clause will not relieve Contractor
from responsibility for properly estimating the cost of completing this contract. A-2 Modifications Waivers, modifications, or amendments of the terms of this contract must be in writing signed by Contractor and COB to become effective, except, the Forestry Division Manager may modify or cancel this contract pursuant to A-5 without a writing signed by the Contractor.
A-3 Contract Complete
This contract is the final expression of the parties’ agreement. There are no understandings, agreements, or representations, expressed or implied, which are not specified in this contract. A-4 Scope of COB Advice No advice by any agent, employee, or representative of COB regarding the method or manner of performing shall constitute a representation or warranty that said method, manner or result thereof
will conform to the contract or be suitable for Contractor's purposes under the contract. Contractor's reliance on any COB advice regarding the method or manner of performance shall not relieve Contractor of any risk or obligation under the contract. Contractor retains the final responsibility for its operations under this contract and COB shall not be liable for any injuries resulting from Contractor's reliance on any COB advice regarding the method or manner of performance.
A-5 Contract Modification or Cancellation The Forestry Division Manager reserves the right to modify or cancel this contract in part or whole without cause upon thirty (30) days’ notice. Contractor shall be paid only for Work performed satisfactorily prior to cancellation of the contract. Any modification or cancellation of this contract by the Forestry Division Manager under this section does not require consent of the Contractor or a writing signed by the Contractor.
A-6 Compliance with all Laws Contractor shall comply with all laws and regulations of the United States, State of Washington,
Kitsap County and the COB where the Work is located. Contractor will make any payments, contributions, remittances, and reports or statements required under those laws. A-7 Licenses and Permits Contractor shall, without additional expense to COB, obtain all required licenses and permits necessary for executing the contract. A-8 Indemnity
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless COB and all officials, agents and employees of COB, from and against all claims arising out of or resulting from the performance of the contract. "Claim" as used in this contract means any
financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Contractor’s obligations to indemnify, defend, and hold
harmless includes any claim by Contractor’s agents, workers, or representatives. Contractor expressly agrees to indemnify, defend, and hold harmless COB for any claim arising out of or incident to Contractor’s performance or failure to perform the contract. Contractor’s
obligation to indemnify, defend, and hold harmless COB shall not be eliminated or reduced by any actual or alleged concurrent negligence of COB or its agents, employees and officials. Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless COB and its agencies, officials, agents or employees. A-9 Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, sub-Contractors or sub-Contractors. All insurance should be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best’s Reports. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and no less than $2,000,000 general aggregate for personal injury, bodily injury, property damage, advertising injury and products/ completed operations. Coverage shall include but not be limited to: logger’s broad form; blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. If Contractor fails to comply with all state of Washington workers’ compensation statutes and regulations and COB incurs fines or is required by law to provide benefits to or obtain coverage for such workers, Contractor shall defend and indemnify COB. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor.
All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis.
COB shall be named as an additional insured on the Commercial General Liability insurance policy and Automobile Liability, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to COB, which names the COB as an additional insured shall be attached to the Certificate of Insurance. COB reserves the right to receive a certified copy of all the required insurance policies and endorsements. COB further reserves the right to reject any unacceptable policies and/or endorsements. The Contractor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.
The Contractor's insurance shall be primary and non-contributory insurance as respects the COB and shall contain a waiver of subrogation against the COB for claims arising out of any operations, liabilities
and obligations to which coverage applies. It shall be an affirmative obligation upon Contractor to advise the City of Bremerton Risk Management Specialist by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA
98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. COB also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage.
A-10 Safety Compliance
Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work.
A. During the contract performance, Contractor shall protect the lives and health of workers performing the Work and other persons who may be affected by the Work and prevent damage to property at the Unit or adjacent to it. Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection.
B. In an emergency affecting the safety or life of its workers or adjoining property, Contractor is responsible to act to prevent such threatened loss or injury. Within 24 hours of any emergency, Contractor shall notify the Compliance Forester. Contractor shall prepare an
incident report and submit it to COB’s Forestry Division Manager within five (5) business days following an emergency if directed to do so by the Compliance Forester.
C. The Compliance Forester reserves the right to shut down the work site when any condition of imminent danger is present. The work site will remain shut down until the danger has been
removed by the Contractor.
A-11 Venue Disputes arising under this contract shall first be submitted to the City of Bremerton Public Works & Utilities Office. If the parties are not able to resolve the dispute using the Dispute Resolution process described below, venue shall be in Kitsap County Superior Court. A-12 Dispute Resolution
Before initiating any litigation over the terms of this contract, Contractor commits to the following process:
A. Any concerns or disputes which Contractor has relating to this contract shall first be brought to the attention of the Compliance Forester. B. If the Compliance Forester is unable to resolve the dispute to Contractor’s satisfaction,
Contractor will notify the Forestry Division Manager in writing of its dispute with
specificity. The Forestry Division Manager will review and provide a written suggestion for resolution within ten (10) business days.
C. If Contractor is not satisfied with the Forestry Division Manager’s response, it will notify the Public Works Director in writing of its dispute. The Public Works Director will review and set a meeting with Contractor within fifteen (15) business days, unless Contractor agrees to a longer period. After the meeting, the Public Works Director will provide a written response. A-13 Subcontracting Contractor shall not enter into any subcontract or assignment of this contract. A-14 Nondiscrimination In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability.
The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided.
In the event of Contractor’s noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy this contract may be rescinded, canceled, or terminated in whole or in part, and Contractor may be declared ineligible for further contracts with COB. Contractor shall, however, be given a reasonable time in which to cure this noncompliance. A-15 Pre-Work Conference Contractor shall attend a Pre-Work Conference before beginning Work. The Compliance Forester will notify Contractor of the time and place of the Pre-Work Conference.
A-16 Purpose of the Pre-Work Conference The purpose of the Pre-Work Conference is for COB and Contractor to agree upon and document the following on the Pre-Work Conference Form: A. Name(s) and contact information for Contractor and Designated Contract Representative(s), including all personnel authorized to sign Unit completion forms and payment invoices;
B. Names(s) and contact information for the Forestry Manager and Compliance Forester(s); C. The Work Schedule for this contract;
D. Time interval(s) at which Units will be processed for payment; and
E. Clarification of any unique requirements or conditions of the Work within this contract prior to commencing Work.
A-17 Work Delay Contractor shall promptly notify the Compliance Forester of any actual or anticipated event
which is delaying or could delay the Work, including the expected duration of the delay, the anticipated effect of the delay on the schedule, and the action being or to be taken to get back on schedule. The notification does not relieve Contractor of its obligation to complete the Work within the time required by this contract. A-18 Non-conformances with Work Schedule
If Contractor is not in conformance with the Work Schedule for reasons other than acts of Force Majeure, Contractor shall bring its activities into conformance with the schedule or request the Compliance Forester to revise the schedule to reconcile with the actual progress of the Work. The
Compliance Forester may require a meeting prior to granting a revision. A revision to the Work Schedule for one Unit shall not change the timing for any other Unit unless expressly authorized. In the event the Contractor stops Work or if the initial start-up is delayed for a period of one (1) week or more, a new Pre-Work Conference may be required. A-19 Work Days
Work shall only proceed on regular Monday through Friday workdays. Work on weekends or on designated State holidays requires written permission from the Compliance Forester.
A-20 Breach of Contract Contractor’s unsatisfactory performance of contract requirements shall constitute breach of contract. COB may require reworking of portions of Unit(s).
A. If Contractor violates any provision of this contract, Compliance Forester, by written
notice, may suspend the Work that is in breach. If the breach is capable of being remedied, Contractor has 15 days after receipt of a suspension notice to remedy the breach. If the breach cannot be remedied or Contractor fails to remedy the breach within 15 days after
receipt of a suspension notice, COB may terminate the rights of Contractor under this contract and collect damages. B. If the contract expires without Contractor having performed all its duties under this contract, Contractor's right to operate is terminated and Contractor shall not have the right to remedy the breach. This provision shall not relieve COB of any payment obligations for work already completed by Contractor, subject to any expense incurred by COB, per subparagraph C below. C. COB has the right to remedy the breach in the absence of any indicated attempt by Contractor or if Contractor is unable, as determined by COB, to remedy the breach. Any
expense incurred by COB shall be charged to Contractor and shall be paid within 30 days of receipt of billing.
For any breach by Contractor, including failure to comply with the Work Schedule, Contractor may be considered to have defaulted on the contract. If COB determines that the contract is in default, it may exercise its right to terminate the contract, and/or recover damages from Contractor.
The remedies available to COB in this section are in addition to its right to modify or cancel the contract, per section A-5 of the contract.
A-21 Washington State Forest Fire Protection Requirements Contractor and workers shall be familiar with the Washington State Forest Fire Protection Requirements and adhere to them. These requirements are found in Revised Code of Washington Chapter 76.04.
A-22 Fire Extinguishers Personal fire extinguishers are required for each saw operator. Any fire waiver must be applied for through the DNR’s Region Fire Control Manager, who may be reached at southpuget.region@dnr.wa.gov, or 360-825-1631. If a fire waiver is granted, Contractor shall abide by the provisions of the waiver, and provide a copy of the waiver to the Compliance
Forester. A-23 Spark Arresters
All of Contractor’s spark emitting engines will be equipped with spark arresters. The National Wildfire Coordinating Group (NWCG) provides lists of approved spark arrestors. The lists can be found at www.fs.fed.us.
A-24 Inspection COB may inspect the Units for adherence to regulations, as well as presence, functionality, and
serviceability of fire tools. Any inspections by COB shall not limit Contractor’s liability for failure to adhere to applicable regulations.
A-25 Open Fires Contractor shall not build any open fires at any time of the year in the contract area without first obtaining written permission from the Compliance Forester.
. A-26 Removal of Merchantable Products Contractor is prohibited from removing merchantable or potentially merchantable products from
the Units for commercial use. Separate approval by agreement or contract with COB is required for removal of firewood, poles, posts, and other merchantable or potentially merchantable material.
A-27 Garbage Contractor shall dispose of garbage brought onto COB lands in garbage disposal areas meeting all
state, county, and local requirements. Garbage includes materials used for equipment maintenance, abandoned equipment, containers, and other expended materials. A-28 Camping Contractor is prohibited from using or authorizing its workers to camp on City managed lands. A-29 Abbreviations The following Seedling species abbreviations will be used: AF = Subalpine fir; AS = Quaking aspen; BC = Black cottonwood; DF = Douglas-fir; GF = Grand fir; LP = lodge pole pine; MA = Big leaf maple; MH = Mountain hemlock; NF = Noble fir; PP = Ponderosa pine; RA = Red alder; WRC = Western red cedar; SF = Pacific silver fir; SS = Sitka spruce; WH = Western hemlock;
WL= Western larch; WO = Willow; WP = Western white pine; YC = Alaska yellow cedar. A-30 Term of Contract
The term of this contract is from December 20, 2021 to March 31, 2022. The contract shall not be extended without written permission from the COB Forestry Manager. A-31 Restroom Facilities Contractor to have workers use provided sani-can when working within the Union River Basin.
SECTION I-B: SPECIFICATIONS FOR THE ACTIVITY
B-1 Precedence between Sections Section I-B covers the general standards that apply over the whole contract. If a change is required on a site-by-site basis those differences will be outlined on the Unit Description Form (Section III-A). The site-specific details found on the Unit Description Form should take precedence over these general guidelines when they exist. If special requirements noted in the Unit Description (Section II-A) conflict with requirements in this Section, the special requirements will prevail. B-2 Workers, Supervision, and Equipment Contractor shall provide:
A. A minimum crew size of 4 workers, and a maximum crew size of 10 workers, unless otherwise approved by the Compliance Forester; and B. Adequate crew supervision, including at least one qualified, English-speaking foreperson per crew, unless otherwise allowed by the Compliance Forester. The foreperson must have one season (at least three (3) months) of hand cutting experience in a forest setting.
Documentation of a foreperson’s experience shall be provided to COB upon request. B-3 Boundaries
The boundaries depicted on Unit Map (Section II-B) delineate the Work area. Contractor is responsible for completing all Work to boundaries. The Work boundaries will consist of easily identifiable features (including but not limited to roads, streams, or abrupt changes in forest type
or age). Flagging will be used for areas where identifiable features are absent. Contractor is responsible for understanding the location of all boundaries. Failure to complete Work to boundaries in any Unit renders Work in that Unit incomplete, and no payment will be made to Contractor for any Work on that Unit. No payment will be provided for Unit(s) with Work that extends beyond Unit boundaries. Work extending beyond Unit boundaries will be considered breach of contract.
B-4 Treatment Specifications Contractor shall accomplish all of the following: A. Sever and fell all Hardwood trees greater than two (2) feet tall that are within fifteen (15) feet of Conifers that are not Severely Suppressed, except for Hardwoods over five (5) inches in diameter, which shall be girdled as described in B-04-E below. B. Sever and fell all woody shrubs greater than two (2) feet tall that are within six (6) feet of
Conifers that are not Severely Suppressed. C. Sever main stems or sprouts of shrubs, brush, Hardwood trees and living stump sprouts no
closer than four (4) inches but not further than twelve (12) inches from their point of origin. Sever all live limbs and branches on the remaining stump at their point of origin. D. Refrain from physical damage to Conifers on the Unit while severing and felling shrubs, brush, and Hardwood trees. E. Girdle any Hardwood tree with a DBH greater than five (5) inches by removing the bark from the main stem in a two (2) inch wide band completely around the stem below the lowest live
branch.
F. Refrain from pruning or otherwise damaging Conifer trees while cutting Hardwoods. G. Refrain from leaving any Hardwoods in contact with the top one-half (1/2) of any Conifer after cutting. Refrain from bending or damaging Conifer Leaders when felling Hardwoods.
H. Where no Conifers or only Severely Suppressed Conifers exist, leave Hardwoods in twelve (12) foot by twelve (12) foot spacing. Red alder is the preferred Hardwood tree to be left when hand cutting is implemented, followed by big leaf maple, paper birch, bitter cherry and
then cottonwood. Contractor shall select the largest, best-formed Hardwood trees to be left. If big leaf maple clumps are left in Hardwood thinning areas, only 3 or less stems shall be left on each clump.
B-5 General Specifications Contractor shall accomplish all of the following: A. Keep all roads free of debris and slash for a distance of ten (10) feet from each side of road, or top of cut slope of road whichever is greater. B. Immediately remove any debris or soil deposited in ditches, culverts, or roadways. C. Refrain from activities that will result in excessive deterioration of ditches, culverts, or roadways.
D. Preserve any legal land subdivision survey corners and/or witness objects. If Contractor destroys or disturbs such monuments, COB will utilize a licensed land surveyor to re- establish any affected survey corners and/or witness objects in accordance with the U.S. General Land Office Standards at Contractor’s expense. E. Refrain from damaging fences or any other improvements adjacent to or within the Unit
during hand cutting work. Any such damage will be repaired at Contractor’s expense. Contractor shall remove any slash that falls onto lands not owned by the COB and distribute it back into the Unit. F. Refrain from reopening blocked roads without prior written approval from the COB. B-6 Special Contract Requirements A. Scotch Broom Cutting Sever and fell all Scotch broom greater than two (2) feet tall regardless of proximity of conifer trees.
B. Sanitation Cut DF and WRC release from surrounding competition (WH, Scotch Broom, Alder etc..). See special remarks in section II – A: Unit Description.
SECTION I-C: UNIT COMPLIANCE INSPECTION AND
PAYMENT
C-1 Field Inspections The Compliance Forester will conduct periodic inspections. Inspections may be done concurrently with release hand cutting Work but will be completed no later than five (5) business days after Work completion on the Unit. C-2 Inspection Plots The Compliance Forester will establish inspection plots to determine the Contractor’s Unit Performance Rating (Clause C-05). Inspection plots shall be circular and one fiftieth (1/50th) acre in size. The Unit Performance Rating will be determined from a minimum sample of five (5) plots, or two (2) plots for every five (5) acres of Unit, whichever is greater. In large Units a maximum of 40 plots will be used to determine compliance percentage. The inspection plots will
be well distributed over the Unit. The Compliance Forester will examine each inspection plot. C-3 Inspection Procedures The compliance forester will use the following procedures on each inspection plot: A. Total Number of Trees
The number of Conifer trees within the plot will be determined. This number will serve as the total number of trees. B. Deductions The following deductions will be counted:
• The number of Hardwoods incorrectly cut within the plot;
• The number of Hardwood trees in contact with Conifer trees;
• The number of damaged Conifers. C. Compliance Percentage Compliance percentage on each plot will be determined by dividing the total number of Conifer trees minus the sum of incorrectly cut trees, Hardwoods in contact with Conifers, and damaged Conifers by the total number of trees and multiplying times 100. Compliance percentages calculated below 0 percent will be assigned a value of 0 percent.
Total number of trees – All deductions Compliance percentage = x 100 Total number of trees
D. Inspection plots with no Conifer or only Severely Suppressed Conifers Where inspection plots with no or only Severely Suppressed Conifers are found, the plot
percentage will be determined based on the correct thinning of existing Hardwood trees. If
the inspection plot is fully stocked with Hardwood trees, treated plots with five to seven (5-7) trees will be assigned a value of 100 percent. Those with 8 will be
assigned a value of 95 percent. Plots with 4 or 9 will be assigned a value of 90
percent. Plots with 10 will be assigned a value of 80 percent. Plots with less than 4 or more than 10 will be assigned a value of 0 percent. Areas of the plot where no Hardwood trees were growing will be considered as having correctly thinned Hardwood trees.
C-4 Inspection Procedure Example An inspection example is as follows:
• 8 Conifer trees (none Severely Suppressed) found on plot.
• 3 Hardwoods incorrectly cut.
• 2 Hardwoods in contact with Conifers.
• 1 damaged Conifer; pruned limbs, broken tops, etc.
(8 - 3 - 2 - 1) Compliance percentage = x 100 = 25% 8
When the area is reworked and all Hardwood problems are corrected, the compliance percentage is calculated as follows because the damaged Conifer cannot be corrected. (8 - 1) Compliance percentage = x 100 = 87.5% 8 C-5 Unit Performance Rating The Unit Performance Rating for each Unit will be determined by summing the compliance percentages for all plots established in the treated Unit, then dividing by the number of plots that were established. C-6 Unit Performance Rating Example
A Unit Performance Rating example is as follows:
• 5 plots were taken on a ten acre Unit.
• The compliance percentages on these plots were: 80%, 80%, 90%, 85%, and 90% (80% + 80% + 90% + 85% + 90%) Unit Performance Rating = = 85% 5 C-7 Visual Inspection Option The Compliance Forester may, in consultation with the Forestry Manager, award a Unit Performance Rating of 90% or above based on a visual inspection of the completed work Unit without performing inspection plots. Unit Performance Ratings below 90% require the plot inspection procedure described in Clause C-03.
C-8 Determination of Payment The acceptability and the rate of pay for hand cutting Work performed will be based on the Unit Performance Rating. The Compliance Forester’s inspection will determine the rating.
A. Satisfactory Work Performance: The Work is satisfactory if the Unit Performance Rating is between 90 and 100 percent.
B. Unsatisfactory Work Performance: The Work is considered unsatisfactory if the Unit Performance Rating is less than 90 percent.
C. Reduction in Payment: The reduction in payment for unsatisfactory work will be
based on the Unit Performance Rating. If the Unit Performance Rating is less than 90
percent, but equal to or greater than 80 percent, then the rate of pay will be equal to the Unit Bid Price reduced by three (3) percent for every one (1) percent the Unit Performance Rating is less than 90 percent. If the Unit Performance Rating
is 79 percent or less, there will be no payment for the Unit. C-9 Contract Compliance Basis Contract compliance inspection of Work performed and payment for Work performed will be based on acreage completed. C-10 Subdivision of Inspection Units The Compliance Forester has the option to subdivide and inspect Units to determine the
acceptability of work performed. Subdivisions for this purpose will be a minimum of ten (10) acres in size. C-11 Re-work of Unsatisfactory Units The Compliance Forester may require the Contractor to re-work a Unit which is not rated satisfactory. The Compliance Forester may require the rework to be completed prior to
starting Work on a new Unit. Reworked areas will be reexamined for contract compliance and will replace the previous Unit Performance Rating. If the Contractor refuses to re-work the Unit, the COB may terminate the contract and recover the damages from Contractor. If
the Contractor re-works the Unit and it is rated unsatisfactory, the COB may terminate the contract and the Contractor will be paid only for satisfactorily completed Work prior to termination, and COB may recover damages from Contractor.
C-12 Payment Schedule The default payment schedule will be one monthly payment to Contractor, following completion of each full calendar month, unless otherwise approved by Forestry Manager. If a different schedule is requested by either party, it will be agreed upon during the Pre-Work
Conference (Clause A-19) and will be set forth in the Work schedule. Payment shall be made as follows:
A. L&I Insurance Premiums COB shall retain ten percent (10%) of all payments due to Contractors who hire workers as security for Labor & Industries industrial insurance premiums owed for its workers. After completion of the contract, and upon determination that Contractor has met all financial obligations for industrial insurance premiums related to the contract, the 10% retainage will be returned to Contractor.
B. Partial Payment Contractor may request partial payment when part of a Unit is completed. C. Unit Completion Form Contractor or Designated Contract Representative shall sign the Unit Completion Form after completion of each Unit or partial Unit being submitted for payment, or at the
conclusion of work and completion of the Compliance Inspection for each Unit. The Compliance Forester will make payment recommendations for the invoice and forward the Unit completion form to the Forestry Manager for processing.
D. Final Payment The Forestry Division Manager shall sign the Contractor's Billing Invoice and Compliance
Report form at the conclusion of work on each Unit or group of Units, as determined by the payment schedule agreed upon during the pre-work conference. Final payment will not be made to the Contractor unless the Compliance Report form is signed by the Contractor or Designated Contract Representative and the Forestry Division Manager, and "final" payment is designated thereon.
E. Verification Traverse If a Unit’s acreage is disputed, Contractor may request a verification traverse by COB. The request must be in writing and signed by Contractor. COB will base the rate of pay on the acres determined from the verification traverse. If the net acres specified in the Unit Description (Section II-A) are correct within plus or minus five percent (±5%) after the verification traverse, Contractor shall pay for the verification traverse at a rate of ten dollars ($10.00) per one hundred (100) feet of traversed boundary. The traverse will be either a field GPS traverse or computer GIS with aerial photography verification.
Unit ID #Unit Map #Name:Acres Special Requirements:
2013-1 1 Leadville 20.8 cut all competing brush (scoth broom,alder, maple,grease wood, etc.)
2007-9 2 Circus Bears 10.1 cut all competing brush (scoth broom,alder, maple,grease wood, etc.)
2008-1 3 Tahoma 28.9 cut all competing brush (scoth broom,alder, maple,grease wood, etc.) North 1/2 of
unit pink flagging on South Boundary
2008-5 4 Bear Bottom Strip 25.1 cut all competing brush (scoth broom,alder, maple,grease wood, etc.)
2014-7 5 Hawk-Box 1 7 Hardwoods; some scotch broom
2014-7.3 5.3 Hawk-Box 3 4.1 Hardwoods; some scotch broom
6 SteriPen 37.6 cut all competing brush (scoth broom, alder, maple,grease wood, etc.) WRC WAS
PLANTED
2009-3 7 N Fork A&P Gold Gate 2.2 Hardwoods; some scotch broom
2015-2 8 Blind Squirrel 8.5 cut all competing brush (scoth broom,alder, maple, etc.)
Total 144.3
Section II-A: Unit Description HC2021-Revised
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±
Unit #1 Leadville Year Logged: 2013 T24N R1W S30 & T24N R1E S31
Unit #1: Leadville / 20.8 Acres
Veg Comp/Conifer Release 2021City of Bremerton Public Works & Utilities
Remarks: Cut all competing brush (scotchbroom, alder, maple, greasewood etc.)
Legend"'Gate
Property Line
XYXYXYWest Belfair Valley Road
Railroad
Forest Road
Unit
Township
Section
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±Unit #2: Circus Bears / 10.1 Acres
Veg Comp/Conifer Release 2021City of Bremerton Public Works & Utilities
Remarks: Cut all competing brush (scotchbroom, alder, maple, greasewood etc.)
Legend"'Gate
Property Line
XYXYXYWest Belfair Valley Road
Railroad
Forest Road
Unit
Township
Section
Unit #2: Circus Bears Year Logged: 2007T24 R1W S36
R:\Public Works\Forestry\Forestry\forestry Contracts\2021\2021 Veg Comp\Maps 2021
40004010402040145150
30300 520 1,040 1,560 2,080260Feet
±Unit #3: Tahoma / 28.9 Acres
Veg Comp/Conifer Release 2021City of Bremerton Public Works & Utilities
Remarks: Cut all competing brush (scotchbroom, alder, maple, greasewood etc.)
Legend"'Gate
Property Line
XYXYXYWest Belfair Valley Road
Railroad
Forest Road
Unit
Township
Section
Unit #3: Tahoma Year Logged: 2008 T24 R1W S35 & S36
R:\Public Works\Forestry\Forestry\forestry Contracts\2021\2021 Veg Comp\Maps 2021
35 36
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±
Unit #4 Bear Bottom Strip Year Logged: 2008 T24 R1W S27 & S34
Unit #4: Bear Bottom Strip / 25.1 Acres
Veg Comp/Conifer Release 2021City of Bremerton Public Works & Utilities
Remarks: Cut all competing brush (scotchbroom, alder, maple, greasewood etc.)
Legend"'Gate
Property Line
XYXYXYWest Belfair Valley Road
Railroad
Forest Road
Unit
Township
Section
R:\Public Works\Forestry\Forestry\forestry Contracts\2021\2021 Veg Comp\Maps 2021
7 0 0 0
70200 340 680 1,020 1,360170Feet
±
Unit #5 & 5.3 Hawkbox Year Logged: 2014 T24N R1E S31
Hawkbox #5 & #5.3 / 11.1 Acres
Veg Comp/Conifer Release 2021City of Bremerton Public Works & Utilities
Remarks: Cut all competing brush (scotchbroom, alder, maple, greasewood etc.)
Legend"'Gate
Property Line
XYXYXYWest Belfair Valley Road
Railroad
Forest Road
Unit
Township
Section
R:\Public Works\Forestry\Forestry\forestry Contracts\2021\2021 Veg Comp\Maps 2021
#57 Ac.
#5.34.1 Ac
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±
Unit #6 Steripen Year Logged: 2018 T24N R1W S35 & S30
Unit #6: Steripen / 37.6 Acres
Veg Comp/Conifer Release 2021City of Bremerton Public Works & Utilities
Remarks: Cut all competing brush (scotchbroom, alder, maple etc.)
Legend"'Gate
Property Line
XYXYXYWest Belfair Valley Road
Railroad
Forest Road
Unit
Township
Section
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0 430 860 1,290 1,720215Feet
±Unit #7:N Fork A&P-Gold Gate / 2.2 Acres
Veg Comp/Conifer Release 2021City of Bremerton Public Works & Utilities
Remarks: Cut all competing brush (scotchbroom, alder, maple, greasewood etc.)
Legend"'Gate
Property Line
XYXYXYWest Belfair Valley Road
Railroad
Forest Road
Unit
Township
Section
Unit #7: N Fork A&P-Gold Gate Year Logged: 2007 T24 R1W S22
7000 20002 1 0 0
0 400 800 1,200 1,600200Feet
±
Unit #8 Blind Squirrel Year Logged: 2015 T24N R1E S31 & T24N R1E S32
Unit #8: Blind Squirrel / 8.5 Acres
Veg Comp/Conifer Release 2021City of Bremerton Public Works & Utilities
Remarks: Cut all competing brush (scotchbroom, alder, maple, greasewood etc.)
Legend"'Gate
Property Line
XYXYXYWest Belfair Valley Road
Railroad
Forest Road
Unit
Township
Section
R:\Public Works\Forestry\Forestry\forestry Contracts\2021\2021 Veg Comp\Maps 2021
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±
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Legend"'Gate
Property Line
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Forest Road
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