HomeMy WebLinkAbout5782City of Bremerton
PRE -COMMERCIAL
THINNING
Contract Number #2017
Contract Digest:
■ 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
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DEFINITIONS
`Buffer Zone' means an area designated to be left along roads or other features in which there
will not be cutting.
`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, orcedar.
`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, andis 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.
`Contractor' means the business entity engaged with COB to complete the terms of this contract.
`Contractor Selection of Leave Trees' means crop and leave trees are unmarked and will be
selected by the Contractor.
`Crop Tree' means the largest undamaged conifer trees with good form and free of disease.
`DBH' means Diameter at Breast Height, a point on the tree stem four and one-half feet above ground
level.
`Designated Contract Representative(s)' means those individual(s) designated by Contractoron
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 Maj eure include, but are not limited to acts of God, the public enemy, fire, or
other casualty.
`Hardwood' means any tree or tall shrub with broad leaves. Examples include alder, elderberry, big
leaf 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' isthe
tallest and most dominant.
`Mechanical Treatment' means the use of power saws, axes, or other approved tools to remove
trees.
`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'.
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`Slash' means all debris created on the Work area by the pre -commercial thinning; operation.
`Surplus Trees' means all trees designated for cutting.
`Thinning' means the cutting down of trees according to the specifications of this contract.
`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 BidForm
(Section 111-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' means the services the Contractor is required to satisfactorily complete in. this contract,
according to the requirements of Section I (Contract Clauses), and within the Units described in Section
II (Maps and Unit Information).
`Work Schedule' means the approved. order and timeline for how the requirements of thiscontract,
including Work on individual Units or groups of Units, will be fulfilled by the Contractor.
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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 entersthis
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 signedby
Contractor and COB to become effective, except, the Forestry Division Manager may modify or
cancel this contract pursuant to A-5 without consent or 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 ofthe 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.
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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 andpermits
necessary for executing the contract.
A-8 Performance Security
Contractor agrees to furnish, within ten (10) business days of receipt of the award letter, security
in the amount of ten percent (10%) of the total awarded contract price. The security shall be in
the form of certified check or cashiers' check made payable to the City of Bremerton (COB), an
irrevocable letter of credit, or a savings account assignment. A letter of credit must comply with
Title 62A RCW, Article 5. This security guarantees performance of this contract and payment of
any damages resulting from Contractor's noncompliance with any contract provisions, negligent
or imprudent actions, or the law. Performance security must remain in full force over the
duration of the contract. In the event COB needs to utilize the security, Contractor may be
required to replace the portion(s) utilized within five (5) business days of receiving written notice
from COB. Contractor shall not operate unless the performance security has been accepted by
COB. If at any time COB decides that the security document or amount has become
unsatisfactory, Contractor agrees to suspend operations and, within 30 days of notification, to
replace the security with one acceptable to COB or to supplement the amount of the existing
security.
A-9 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 oremployees.
A-10 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, 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
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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 6`h Street, Suite 600, 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-11 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 ofworkers
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
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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-12 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-13 Dispute Resolution
Before initiating any litigation over the terms of this contract, Contractor commits to the
following process:
D. Any concerns or disputes which Contractor has relating to this contract shall first be brought
to the attention of the Compliance Forester.
E. 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.
F. 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-14 Subcontracting
Contractor shall not enter into any subcontract or assignment of this contract.
A-15 Nondiscrimination
During the performance of this contract, Contractor shall comply with all federal, state and COB
nondiscrimination laws, regulations, and policies.
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-16 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-17 Purpose of the Pre -Work Conference
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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;
Time interval(s) at which Units will be processed for payment; and
D. Clarification of any unique requirements or conditions of the Work within this contract
prior to commencing Work.
A-18 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-19 Non -conformances with Work Schedule
If Contractor is not in conformance with the Work Schedule for reasons other than acts ofForce
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-20 Work Days
Work shall only proceed on regular Monday through Friday work days. Work on weekends oron
designated State holidays requires written permission from the Compliance Forester.
A-21 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.
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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-22 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-23 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
southpu eg_t.reggion(cDdnr.wa.gov, jane.potter@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-24 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-25 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-26 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-27 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-28 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-29 Camping
Contractor is prohibited from using or authorizing its workers to camp on City managed lands.
A-30 Abbreviations
The following Seedling species abbreviations will be used: AF = Subalpine fir; AS =Quaking
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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-31 Term of Contract
The term of this contract is from Monday, October 2, 2017 to Friday, January 31, 2018. The
contract shall not be extended without written permission from the COB Forestry Manager.
A-32 Restroom Facilities
Contractor to have workers use provided sari -can when working within the Union River Basin.
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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 inthe 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 10 workers, and a maximum crew size of 14 workers, unless otherwise
approved by the Compliance Forester; and
B. Adequate crew supervision, including at least one qualified, English speaking forepersonper 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
Thinning Methods Selection of leave trees or crop trees will be made by the Contractor according to
the following specifications as well as those found in the Unit Description table (Section II -A). Two
contrasting thinning procedures are recognized. The particular method to be used is designated for each
unit on the Unit Description Table. These are Simple Spacing Thinning and Diameter Limit Thinning.
A. Simple Spacing Thinning
When thinning on a spacing basis, Contractor will select and leave uncut the largest live conifer trees of
good form and vigor that will maintain the average spacing designated in the Unit Description Table. To
maintain average spacing, Contractor may not need to cut as many trees immediately adjacent to gaps.
However, clumps or patches should not be left un -thinned to make up gaps in the stand. If the Compliance
Forester determines that narrower spacing is appropriate for portions of a Unit, 10'x 10' spacing will be
used. Spacing is the average distance between trees that will result in the correct number of tree left per
acre. The number of trees left per acre will be measured by COB to determine compliance with the Per
Acre Zone of Acceptance as described in Clause C-02.
B. Diameter Limit Thinning
When thinning on a diameter limit basis, Contractor shall cut trees smaller than the diameter limit,
_ specified in the Unit Description, and will leave uncut the largest live conifer trees of good form and vigor
that will maintain the spacing designated in the Unit Description. Contractor will only cut trees larger than
the diameter limit when individual trees are clearly diseased, damaged, or deformed. As a general rule,
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small trees growing into the canopy of the larger trees will be cut. Spacing will be determined by the
average number of trees left uncut per acre, including trees both above and below the diameter limit.
Contractor shall not damage the stand by cutting trees that will create undesirable gaps in the stand. The
number of trees left per acre will be measured by COB to determine compliance with the Per Acre Zone of
Acceptance as described in Clause C-02, except when desirable trees exceeding the diameter limit
comprise a majority of the total tree count. In that case, the Per Acre Zone of Acceptance will be increased
by the number of trees above the diameter limit exceeding a simple majority.
C. All damaged or deformed trees as described below shall be cut, except when their removal will
create gaps in the stand with dimensions greater than twenty-five (25) feet in width.
1. Trees with scars or open wounds on the lower stem involving more than one-half (1/2) of the
circumference of the stem.
2. Trees with more than twenty (20) degrees lean or trees with crook or sweep in the lower stem
protruding outward from a straight line more than twelve (12) inches.
3. Trees with broken stems or girdling of the stem where only the lower part of the living crown
remains.
4. Trees with double tops of forked trees when other more suitable trees are available.
D. All diseased trees as described below shall always be cut, regardless of gaps created.
1. Trees with thin, ragged crowns with yellowing needles typical of Phellinus (Poria) weirii and
Armillaria mellea infection (root rot).
2. Western hemlock infected with dwarf mistletoe in western Washington.
3. Any white pine that exhibits traits of white pine blister rust, such as stem cankers and red -
flagged foliage, when other more suitable trees are available.
E. Conifer trees shall not be cut when their removal will create gaps in the stand larger
than twenty-five (25) feet in width.
B-5 Cut Trees will be cut below the lowest live limb and cut completely free of the stump.
Cut trees must not be left "hung up" or leaning against crop trees. Stumps shall not exceed a
twelve (12) inch height unless snow conditions prevent this. In no case shall stumps exceed
an eighteen (1S) inch height.
B-6 Progression of Daily Work Contractor work shall progress in an orderly fashion to avoid
accidentally leaving untreated areas, with workers regularly connecting treated areas. At the
end of each work day, no "islands" of untreated areas shall be left within areas that have
been treated.
B-7 Trees felled into streams shall be removed and streams shall be left in their original
state. If certain streams will be protected and cutting will not be permitted within the
specified area, they will be marked on the ground and designated on the Unit Map.
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B-8 Fences and Improvements Contractor shall not damage fences and other improvements
within or adjacent to the Units during the thinning operation. Any such damage will be
repaired at Contractor's expense. Trees adjacent to fences or other improvements shall be
felled away. All slash falling on fences and other improvements shall be removed and
distributed back into the unit by Contractor. Trees and slash felled onto lands not owned by
the COB shall also be removed and distributed back into the unit.
B-9 Slash in Roads and Buffer Zones Slash or debris resulting from the pre -commercial
thinning operation, that falls into roads, ditches, 5 feet from top of road banks, within 10 feet of inlets &
outlets of culverts, or designated buffer zones, shall be removed by Contractor and redistributed within the
thinned Unit(s) at the end of every day, or more often on well -traveled roads.
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SECTION I -C: UNIT COMPLIANCE INSPECTION AND
PAYMENT
C-1 Determination of Payment
Compliance and payment for work performed will be based on the following:
A. Work completed to boundaries (see Clause B-3). If work extends beyond unit: boundaries, charges maybe
levied against the Contractor by the COB for damages suffered, or other parties suffering damages.
C-2 Determination of Satisfactorily Completed Work
Satisfactorily completed work will be determined using the following criteria:
A. The Compliance Forester will establish circular plots, generally either 1/100th acre (11.8 foot radius
horizontal distance) or 1150`h acre (16.7 foot radius horizontal distance), to check contract specifications
compliance and as a basis for determining satisfactory quality.
B. The Compliance Forester will attempt to measure a minimum of two (2) 1/50"' acre plots or four (4) 1/100`h
acre plots for each five (5) acres accomplished.
C. The Compliance Forester will determine acceptable ss a� mand number of trees per acre as specified in the
Unit Description Table for the unit based on the following Per Acre Zone of Acceptance:
PER ACRE ZONE OF ACCEPTANCE
Spacing
Number of Crop Trees
Minimum
Average
Maximum
10.5' x 10.5'
365
395
415
11' x 11'
330(16)
360(18)
380(20)
12'x 12'
273(13)
303(15)
320(17)
13'x 13'
228(11)
258(13)
278(15)
14'x 14'
192(9)
222(11)
242(13)
15'x 15'
164(8)
194(10)
214(12)
16'x 16'
140(6)
170(8)
190(10)
17'x 17'
121(6)
151(7)
171(9)
18' x 18'
104(5)
134(6)
154(8)
19' x 19'
100(5)
121(6)
140(7)
D. The required number of "crop trees" per acre must fall between the maximum. and minimum as listed in the
Per Acre Zone of Acceptance and as specified by spacing in the Unit Description Table, or Work on the
Unit will be considered unsatisfactory.
Example: Ina 12'x 12' spacing basis, every plot should contain 13 to 17 properly selected crop trees
except for gaps (Clause B-4).
PaEe 17
C-3 Unsatisfactory Work Compliance
The COB Representative will inspect the contract work to determine if treatment is satisfactory. The Contractor
will be notified of any unsatisfactory unit(s) or parts thereof.
A. Removal of crop trees or poor selections of crop trees for any reason is defined as stand damage.
B. If overcutting of acceptable crop trees leaves a maximum treeless space (dimensions shown below) on one-
half (1/2) of the compliance plots installed, or if any one such gap exceeds three times the spacing
requirement, the work on that unit will not be paid for. More severe damage will result in cancellations of
the contract and forfeiture of theperformance/damage deposit.
C. If undercutting occurs according to the contract specification, payment will be withheld on the
unsatisfactory unit(s). The Contractor shall return at no additional expense to the COB, and re -treat
unsatisfactory unit(s) or parts thereof In the event the contract is terminated for unsatisfactory
performance, payment will be made as set forth in Clause C-05 below for work satisfactorily completed.
D. All undercutting work must be corrected to the satisfaction of the COB Representative before work
may be performed in any other portion of the unit or other units.
C-4 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 Division Manager. If a different schedule is requested by
either party, it will be agreed upon during the Pre -Work Conference (Clause A-16) 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 Division Manager for processing.
PaEe 18
Maximum Treeless
Spacing
(ft.)
Space Permitted
(ft.)
11' x 11'
22'x 22'
12'x 12'
24'x 24'
13'x 13'
26'x 26'
14'x 14'
28'x 28'
15'x 15'
30'x 30'
C. If undercutting occurs according to the contract specification, payment will be withheld on the
unsatisfactory unit(s). The Contractor shall return at no additional expense to the COB, and re -treat
unsatisfactory unit(s) or parts thereof In the event the contract is terminated for unsatisfactory
performance, payment will be made as set forth in Clause C-05 below for work satisfactorily completed.
D. All undercutting work must be corrected to the satisfaction of the COB Representative before work
may be performed in any other portion of the unit or other units.
C-4 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 Division Manager. If a different schedule is requested by
either party, it will be agreed upon during the Pre -Work Conference (Clause A-16) 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 Division Manager for processing.
PaEe 18
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 11-A) are correct within plus or minus five percent (f5%)
after the verification traverse, Contractor shall pay for the verification traverse at a rate
of tendollars ($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.
Paee 19
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The tlptleraigtied represents thot they opera0e as s ao mdmd, A asp a partnership, of as a corporation mom oramd m the State sr
of VWV aSIhlllriQtOri, The unders�gaed further certifies that they pall not be assisted by dher mdmduafs m the perfarmance of i>vs ConUact
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purpose of Industrial hrsurancc prenuutac payable to the Departatent of l.ahor'snd Tndustnes, every nidmdual m a partnership o�omt venture must srgo this
bid'§heel Inalivtditals nat.srgtung the bid sheet but asststmg with the Contras Work will lie csrdertd workers fortltepurpoce of htdustrwl Insivance except atthe
express approval of the ,Depsrtme»tofLaborandlndustnes,4. x µ ry k { �" �� � 4 " � � , "' , �
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The purpose of rias form >s to rnforrn pe�,ons engaged m contracting forest acttvrhes of their habrhties tinder the mandatory provtstons ofthe 6iiu tial merit, Act,
1.clll A,Title 51 RCw a y q` ` r g g r f z�, ,� x y,
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The law provides benefits for a worker 3n}wed rn the course of his employm1. em, or his Nin" ordepende s m case of death of the worker
VV rs defined m the law ac every person gaged m the employment of an employer under Title 51 RCW m wotlan utufer an
RCiN:510818t) 3Y lin g independent contrast.
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m one whom contracts to forest actit+th
pk , other mdrvrduals tO COinplete COntraCL In that are 10
perform es, you may require the assts c of tins
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establish an industrial msormtce account with the Deparmtent of Labor and industries end pay the p>Pscnbed premmin behalf of your worloers �,
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In the event you"obtain the t of another person of persons:16 perforin Work m connection, tiffs Comtac_regardlessYofthe�c+rcirmsrance, you should
contact the faepartment of ialwr and industries atone of its statewide semee locations or rte Olympia headquarters You will then be provided wnh lhenecessary
nlfnrrllation regarding optsntng afl tiCeouttt; plemlltQt rtlte9 8nd reportting requuemenis s r £ # x:, a
Tl►e law r a i r "
ado provides Drat any agegcy or fitmythat lets a eontiset is liable for payment of indttstnal utsunmce p should the Contractor fat? to do so Theagency
I I -or firm may els® withhold money due the Catttractor to'msme payment of premium Consequently fadure tocompiy wtUt the above utr eineats' could de
, of retained funds r. .,k'.. < ,.'., _r. ,_: i, f . , 'vw., n .. ._,t .. leypayment z ,.
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