8 Mile Thinning - Surplus Timber Sale

DEPARTMENT NAME REQUEST FOR BIDS 8 MILE THINNING - SURPLUS TIMBER SALE SPECIFICATION NO. TW21-0506N TW21-0506N Page 1 of 154 City of Tacoma Tacoma Water REQUEST FOR BIDS TW21-0506N 8 Mile Thinning – Surplus Timber Sale Submittal Deadline: 11:00 a.m., Pacific Time, Monday, June 14, 2021 Submittal Delivery: Sealed submittals will be received as follows: By Email: sendbid@cityoftacoma.org Maximum file size: 35 MB. Multiple emails may be sent for each submittal. Solicitation Documents: An electronic copy of the complete solicitation documents may be viewed and obtained by accessing the City of Tacoma Purchasing website at www.TacomaPurchasing.org. • Register for the Bid Holders List to receive notices of addenda, questions and answers and related updates. • Click here to see a list of vendors registered for this solicitation. Pre-Proposal Meeting: A

pre-proposal meeting will be held at 9 amon Friday May 21, 2021. Please see Section 5.1 of the specification for more information. Also be sure to reference Watershed Access Requirements for Pre-Bid Meeting in the Reference Documents section. Project Scope: The City of Tacoma (City) / Tacoma Public Utilities (TPU) is soliciting bids to establish one or more contracts with qualified vendors to fulfill the City’s needs for timber harvesting and timber delivery services. Paid Sick Leave: The City of Tacoma requires all employers to provide paid sick leave as set forth in Title 18 of the Tacoma Municipal Code. For more information, visit our Minimum Employment Standards Paid Sick Leave webpage. Americans with Disabilities Act (ADA Information: The City of Tacoma, in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. Specification materials can be made available in an alternate format by emailing Gail Himes at ghimes@cityoftacoma.org, or by calling her collect at 253-591-5785. Federal Title VI Information: “The City of Tacoma” in accordance with provisions of Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration of award. Additional Information: Requests for information regarding the specifications may be obtained by contacting Tad Carlson, Senior Buyer by email to tcarlson@cityoftacoma.org Protest Policy: City of Tacoma protest policy, located at www.tacomapurchasing.org, specifies procedures for protests submitted prior to and after submittal deadline. Meeting sites are accessible to persons with disabilities. Reasonable accommodations for persons with disabilities can be arranged with 48 hours advance notice by calling 253-502-8468. TW21-0506N Page 2 of 154 mailto:sendbidf@cityoftacoma.org http://www.tacomapurchasing.org/ http://www.ci.tacoma.wa.us/45bidsapps/PlanholderRegister.aspx http://www.ci.tacoma.wa.us/45bidsapps/PlanholderList.aspx https://www.cityoftacoma.org/cms/one.aspx?pageId=75860 mailto:ghimes@cityoftacoma.org http://cms.cityoftacoma.org/Purchasing/CandA/ProtestPolicy052711.pdf http://www.tacomapurchasing.org/ RFB PAGE TABLE OF CONTENTS SUBMITTAL CHECK LIST SPECIAL REMINDER TO ALL BIDDERS SPECIAL NOTICE TO BIDDERS 1. MINIMUM REQUIREMENTS 2. DESCRIPTION OF WORK 3. CALENDAR OF EVENTS 4. INQUIRIES 5. PRE-BID MEETING 6. DISCLAIMERS 7. DELIVERY 8. CONTRACT TERM 9. RESPONSIVENESS 10. AWARD 11. PRICING 12. INSURANCE 13. BID BOND 14. PERFORMANCE AND PAYMENT BONDS 15. MATERIALS AND WORKMANSHIP 16. ENVIRONMETALLY PREFERABLE PROCUREMENT 17. EQUITY IN CONTRACTING APPENDICES pg 25 • Appendix A – Timber Cruise • Appendix B – Maps • Appendix C – Thinning Prescription • Appendix D – Road Plan • Appendix E – Forest Practices Application/Notification • Appendix F – Requirements for Protection of the Water Supply in the Green River Watershed • Appendix G – Forest Practices Application/Notification – Notice of Transfer • Appendix H – Disposition Certification for Export Restricted Timber TW21-0506N Page 3 of 154 BID RESPONSE FORMS pg 108 • Signature Page • State Responsibility Form • Bid Proposal Pages • Bidder Information Pages • Statement of Qualifications • Bid Bond / Cashier’s Check REFERENCE DOCUMENTS pg 119 • Watershed Access Requirement for Pre-Bid Meeting • Sample Contract • City of Tacoma Insurance Requirements • Sample Payment Bond • Sample Performance Bond • Sample Bond in lieu of Retainage • General Provision TECHNICAL PROVISIONS pg 151 TW21-0506N Page 4 of 154 SUBMITTAL CHECK LIST This checklist identifies items to be included with your submittal. Any submittal received without these required items may be deemed non-responsive and not be considered for award. Submittals must be received by the City of Tacoma Purchasing Division by the date and time specified in the Request for Bids page. The following items make up your submittal package: Signature Page State Responsibility Form Bid Bond Form Bid Proposal Pages – Provide Pricing for all items. The unit prices bid must be shown in the space provided Bidder Information – To be filled in and signed by the bidder Statement of Qualifications – To be filled in and signed by the bidder Bidders Statement of Warranty and Exceptions Form After award, the following documents will be executed: Services Contract (Reference Documents) Performance Bond (Reference Documents) Payment Bond (Reference Documents) Bidders Certification of Export Restricted Timber Form (Appendix H) Forest Practices Operator Transfer Form (Appendix G) Certificate of Insurance and related endorsements (See Insurance Requirements in Reference Documents) TW21-0506N Page 5 of 154 SPECIAL REMINDER TO ALL BIDDERS HEALTH & SAFETY: Be sure to comply with all City of Tacoma health and safety requirements. 1. This project has been deemed to be an essential project by the City of Tacoma and it is anticipated that the contract will be operational during the COVID-19 outbreak. Therefore the contractor shall complete a health and safety plan describing how the contractor will complete the work while combating the COVID-19 spread (social distancing practices) and what Personal Protective Equipment (PPE) will be in place. PLEASE NOTE: Be sure you have complied with all specifications and requirements and have signed all required documents. YOUR ATTENTION IS PARTICULARLY CALLED to the following forms, which must be executed in full before the bid is submitted: 1. BID PROPOSAL: The unit prices bid must be shown in the space provided. Check your computations for omissions and errors. 2. SIGNATURE PAGE: To be filled in and executed by a duly authorized officer or representative of the bidding entity. If the bidder is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. 3. SUSTAINABILITY: To be filled in by the bidder. 4. ACH PAYMENT ACCEPTANCE: To be filled in by the bidder. 5. STATE RESPONSIBILITY AND RECIPROCAL BID PREFERENCE INFORMATION: Bidder shall complete this form in its entirety to ensure compliance with state legislation (SHB 2010). 6. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES: Bidder shall complete this form in its entirety to ensure compliance with state legislation (SHB 2017). POST AWARD FORMS EXECUTED UPON AWARD: A. CONTRACT: Must be executed by the successful bidder. B. PAYMENT BOND TO THE CITY OF TACOMA: Must be executed by the successful bidder and his/her surety company. C. PERFORMANCE BOND TO THE CITY OF TACOMA: Must be executed by the successful bidder and his/her surety company. D. CERTIFICATE OF INSURANCE: Shall be submitted with all required endorsements. E. GENERAL RELEASE. F. Forest Practices Notice of Transfer Form G. Disposition Certification for Export Restricted Timber CODE OF ETHICS: The successful bidder agrees that its violation of the City’s Code of Ethics contained in TMC Chapter 1.46 shall constitute a breach of the contract subjecting the contract to termination. TW21-0506N Page 6 of 154 SPECIAL NOTICE TO BIDDERS Public works and improvement projects for the City of Tacoma are subject to Washington state law and Tacoma Municipal Code, including, but not limited to the following: I. STATE OF WASHINGTON A. RESPONSIBILITY CRITERIA – STATE OF WASHINGTON In order to be considered a responsible bidder the bidder must meet the following mandatory state responsibility criteria contained in RCW 39.04.350: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW and; 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractors) or 39.12.065(3) (prevailing wage). 5. Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW and must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. B. RECIPROCAL PREFERENCE FOR RESIDENT CONTRACTORS: Effective March 30, 2012, RCW 39.04.380 imposes a reciprocal preference for resident contractors. Any bid received from a non-resident contractor from a state that provides an in- state percentage bidding preference is subject application of a comparable percentage disadvantage. A non-resident contractor from a state that provides an in-state percentage bidding preference means a contractor that: 1. Is from a state that provides a percentage bid preference to its resident contractors bidding on public works projects, and 2. Does not have a physical office located in Washington at the time of bidding on the City of Tacoma public works project. The state of residence for a non-resident contractor is the state in which the contractor was incorporated, or if not a corporation, the state in which the contractor’s business entity was formed. TW21-0506N Page 7 of 154 The City of Tacoma will evaluate all non-resident contractors for an out of state bidder preference. If the state of the non-resident contractor provides an in state contractor preference, a comparable percentage disadvantage will be applied to the non-resident contractor’s bid prior to contract award. The responsive and lowest and best responsible bidder after application of any non-resident disadvantage will be awarded the contract. The reciprocal preference evaluation does not apply to public works procured pursuant to RCW 39.04.155, RCW 39.04.280, federally funded competitive solicitations where such agencies prohibit the application of bid preferences, or any other procurement exempt from competitive bidding. Bidders must provide the City of Tacoma with their state of incorporation or the state in which the business entity was formed and include whether the bidder has a physical office located in Washington. The bidder shall submit documentation demonstrating compliance with above criteria on the enclosed State Responsibility and Reciprocal Bidder Information form. C. SUBCONTRACTOR RESPONSIBILITY 1. The Contractor shall include the language of this subcontractor responsibility section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; c. If applicable, have: i. Industrial Insurance (workers' compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; ii. A Washington Employment Security Department number, as required in Title 50 RCW; iii. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; iv. An electrical contractor license, if required by Chapter 19.28 RCW; v. An elevator contractor license, if required by Chapter 70.87 RCW and; 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractors) or 39.12.065(3) (prevailing wage). II. CITY OF TACOMA A. SUPPLEMENTAL RESPONSIBILITY CRITERIA – CITY OF TACOMA: In order to be considered a responsible bidder, the prospective bidder shall have all of the following qualifications set forth in Tacoma Municipal Code 1.06.262: 1. Adequate financial resources or the ability to secure such resources; 2. The necessary experience, stability, organization and technical qualifications to perform the proposed contract; 3. The ability to comply with the required performance schedule, taking into consideration all existing business commitments; TW21-0506N Page 8 of 154 4. A satisfactory record of performance, integrity, judgment and skills; and 5. Be otherwise qualified and eligible to receive an award under applicable laws and regulations. a. Bidder Responsibility. Bidders shall not be in violation of 39.04.350 RCW Bidder Responsibility Criteria - Supplemental Criteria. In addition to the mandatory bidder responsibility criteria listed immediately above, the City may, in addition to price, consider any or all of the following criteria contained in Tacoma Municipal Code Chapter 1.06.262 in determining bidder responsibility: 1. The ability, capacity, experience, stability, technical qualifications and skill of the respondent to perform the contract; 2. Whether the respondent can perform the contract within the time specified, without delay or interference; 3. Integrity, reputation, character, judgment, experience, and efficiency of the respondents, including past compliance with the City’s Ethics Code; 4. Quality of performance of previous contracts; 5. Previous and existing compliance with laws and ordinances relating to contracts or services; 6. Sufficiency of the respondent’s financial resources; 7. Quality, availability, and adaptability of the supplies, purchased services or public works to the particular use required; 8. Ability of the respondent to provide future maintenance and service on a timely basis; 9. Payment terms and prompt pay discounts; 10. The number and scope of conditions attached to the submittal; 11. Compliance with all applicable City requirements, including but not limited to the City's Ethics Code and its Small Business Enterprise and Local Employment and Apprenticeship programs; 12. Other qualification criteria set forth in the specification or advertisement that the appropriate department or division head determines to be in the best interests of the City. The City may require bidders to furnish information, sworn or certified to be true, to demonstrate compliance with the City responsibility criteria set forth above. If the city manager or director of utilities is not satisfied with the sufficiency of the information provided, or if the prospective respondent does not substantially meet all responsibility requirements, any submittal from such respondent must be disregarded. B. ADDITIONAL SUPPLEMENTAL CRITERIA See Section 1 of the specification on Minimum Requirements C. MODIFICATIONS TO SUPPLEMENTAL CRITERIA Potential bidders may request modifications to the City’s supplemental criteria by submitting a written request to the Purchasing Division via email to bids@cityoftacoma.org no later than 5:00 p.m. Pacific Time, three days prior to the submittal deadline. Please include the Specification No. and Title when submitting such requests. Requests must include justification for why certain criteria should be modified. Requests received after this date and time will not be considered. The City will respond to a timely submitted request prior to the bid opening date. Changes to the supplemental criteria, if warranted, will be issued by addendum to the solicitation documents and posted to the City’s website for the attention of all prospective bidders. D. DETERMINATION OF BIDDER RESPONSIBILITY TW21-0506N Page 9 of 154 If the City determines the bidder does not meet the criteria above and is therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees, the bidder may appeal the determination in a manner consistent with the City’s Protest Policy. Appeals are coordinated by the Purchasing Division heard by the Procurement and Payables Division manager for contracts less than or equal to $500,000 and by Contracts and Awards Board for contracts greater than $500,000. TW21-0506N Page 10 of 154 1. MINIMUM REQUIREMENTS Only Bidders experienced in this type of work with a record of successful completion of jobs of similar scope will be considered. The bidder must complete the Statement of Qualifications pages attached to this Request For Bid at the time of submitting his/her Bid. The City will be the sole judge of the bidder's ability to meet the requirements of this paragraph based on the above submitted information. 2. DESCRIPTION OF WORK The City of Tacoma (City) / Tacoma Public Utilities (TPU) is soliciting bids to establish one or more contracts with qualified vendors to fulfill the City’s needs for timber harvesting and timber delivery services. Contract(s) will be awarded to the highest responsive and responsible bidder(s) based on price, product quality and availability. 2.1 DESCRIPTION OF WORK AREA The City of Tacoma / Tacoma Water (herein after “City” or “Tacoma Water”) is issuing this Bid Specification to sell surplus standing timber totaling approximately 27+ acres, as described below, from one (1) unit located in the Green River Watershed. The unit boundaries are marked on site with pink and orange ribbon as shown on the maps. The Unit to be logged lie on flat to steeper slopes at an elevation of 1300 feet. With directional falling, all timber should be reachable by ground based equipment. Unit access is via existing roads. See Appendix C for thinning prescription. There is an estimated 457 MBF of timber contained in the 1 harvest unit. See Appendix A – Cruise Data for details. 2.2 PROJECT LOCATION AND PRODUCT DESCRIPTION This project consists of one unit located in the City of Tacoma’s Green River Watershed (water supply area) approximately 15 air miles northeast of Enumclaw, Washington in Section 23 Township 21 North, Range 8 East, W.M.; King County, Washington. See Maps contained in Appendix B and hereby incorporated by reference. The following specific matters are not warranted: The CONDITION of the site or forest products: Any descriptions of the site or forest products in the Request for Bids, other pre-contractual documents, or contractual documents are provided solely for administrative and identification purposes. The ACREAGE contained within any sale area: Any acreage descriptions appearing in the Request for Bids, other pre-contractual documents, or contractual documents are estimates only, provided solely for administrative and identification purposes. The VOLUME, WEIGHT, QUALITY, or GRADE of the forest products to be purchased: The descriptions of the forest products to be purchased are estimates only, made solely for administrative and identification purposes. The CORRECTNESS OF ANY SOIL OR SURFACE CONDITIONS, PRE-SALE CONSTRUCTION APPRAISALS, INVESTIGATIONS, AND ALL OTHER PRE-BID DOCUMENTS PREPARED BY OR FOR TACOMA WATER. These documents have been prepared for informational purposes, but the information contained therein is not warranted. Bidders must make their own assessments of the site. TW21-0506N Page 11 of 154 THAT THE SALE AREA IS FREE FROM THREATENED OR ENDANGERED SPECIES or their habitat: The City of Tacoma is not responsible for any interference with forestry operations that result from the presence of any threatened or endangered species, or the presence of their habitat, within the sale area. THAT THE FORESTRY OPERATIONS to be performed under this contract WILL BE FREE FROM REGULATORY ACTIONS by governmental agencies. City of Tacoma is not responsible for actions to enforce regulatory laws, such as the Washington Forest Practices Act (chapter 76.09 RCW), taken by Washington Department of Natural Resources or any other agency that may affect the operability of this timber sale. An approved Forest Practices Application has been obtained by Tacoma Water. By submitting its bid, Bidder hereby warrants to the City of Tacoma that they have had an opportunity to fully inspect the sale area and the forest products to be purchased. Bidder further warrants to the City of Tacoma that they enter this contract based solely upon their own judgment. That they have inspected the condition of the forest products, formed after their own opinion after inspection of both the timber sale area and the forest products to be purchased. Bidder also warrants to Tacoma Water that they enter this contract without any reliance upon the volume estimates, acreage estimates, pre-bid documentation, or any other representations by Tacoma Water. 2.3 COMMENCEMENT, PROSECUTION AND COMPLETION Hours of operation shall be Monday through Friday, excluding legal holidays, as referred to in the Standard Terms and Conditions or as otherwise approved by the City. All obligations of the Bidder for this contract shall be discharged not later than the “Expiration Date”, unless the expiration date is adjusted as provided in this contract. The Bidder shall not have any right to enter the sale area for any purpose or timber removal after the expiration date. The Bidder will be required to complete the contract documents and provide a performance bond, payment bond and insurance information thirty (30) calendar days prior to any logging related activities on site. Bidder must notify Tacoma Water of the start work date ten (10) calendar days prior to any logging related activities on site. Prior to commencement of work the Bidder will meet with City staff at the Watershed Office for a pre-work conference to discuss the objective, terms, conditions and to develop a Plan of Operations describing how the contract requirements will be met and how the work will be completed. Seasonal restrictions are in place; Hauling, Mechanical Cutting and Yarding will not be permitted from October 15 to March 30 unless authorized in writing by the Forester. NOTE: Bonds required for this contract will not be released for any reason until all work required has been completed to the satisfaction of Tacoma Water. An extension of operating authority time may be granted at the discretion of the City upon written request thirty (30) days prior to the termination date and upon the terms and conditions as specified by City. Contract extensions may not exceed sixty (60) days unless otherwise agreed to by the City and Bidder. Extension requests within the last thirty (30) days of the contract may be considered if the extension would be in the best interest of the City of Tacoma. 2.4 MAPS AND DRAWINGS The following maps attached to these specifications in Appendix B are made a part of the contract: TW21-0506N Page 12 of 154 Sheet No. Title B1 – Vicinity/Driving Map B2 – Activity Map 2.5 PERMITS Tacoma Water has an approved Washington State Department of Natural Resources Forest Practices Application/Notification No. 2421994, effective 12/10/20 – 12/10/23 covering this project attached as Appendix E. The Bidder will need to sign an operator transfer form and is responsible for complying with this permit. The Bidder will be responsible for any additional, if any, permits or licenses needed to complete this project. 2.6 TACOMA WATER APPROVAL OF LOG SCALING AND WEIGHING LOCATIONS This contract requires the use of a Tacoma Water approved third party Log and Load Reporting Service (LLRS). Bidder shall ensure log volume measurement data and/or load and weight data is received by the LLRS within 24 hours of logs being measured or weighed. Bidder agrees to pay the LLRS for log and load data supplied to the Forester. Prior to logs being hauled, the Tacoma Water Forester (“Forester”) must authorize in writing the use of Tacoma Water approved measurement and weighing facilities that are at or en route to final destinations. Logs from this sale shall be measured and/or weighed at facilities, which are currently approved for use by The Washington State Department of Agriculture and are currently authorized by Tacoma Water. Tacoma Water reserves the right to verify load volume and weights with Tacoma Water employees or Tacoma Water scalers and equipment at Tacoma Water's own expense. Tacoma Water reserves the right to revoke the authorization of previously approved measurement locations. Scale Reports are to be sent to: Brian Ballard bballard@cityoftacoma.org 2.7 VIOLATION OF CONTRACT If Bidder violates any provision of this contract, the Forester, by written notice, may suspend those operations in violation. If the violation is capable of being remedied, the Bidder has fifteen (15) days after receipt of suspension notice to remedy the violation. If the violation cannot be remedied or Bidder fails to remedy the violation within fifteen (15) days after receipt of a suspension notice, Tacoma Water may terminate the rights of the Bidder and collect liquidated damages under this contract associated with the breach. In the event of such a contract termination, Tacoma Water may demand all or part of the Bidder’s surety in order to satisfy Tacoma Water’s damages. Tacoma Water has the right to remedy a breach if Bidder is unable, as determined by Tacoma Water, to remedy the breach, or if the Bidder has not remedied the breach within 15 days of a suspension notice. Any expense incurred by Tacoma Water in remedying Bidder’s breach may be charged to Bidder, or Tacoma Water may demand all or part of the Bidder’s surety in order to satisfy Tacoma Water’s damages. If the contract expires without the Bidder having performed all their duties under this contract, Bidder’s rights and obligations to purchase, deliver forest products, and perform any additional contract-related requirements are terminated. Thus, Bidder cannot remedy any breach once this contract expires. This provision shall not relieve Bidder of any financial obligations and unresolved contractual agreements, including payment to subcontractors for work performed under this contract. TW21-0506N Page 13 of 154 2.8 TACOMA WATER SUSPENDS OPERATIONS The Forester may immediately suspend any operation of the Bidder under this contract when Tacoma Water is suffering, or there is reasonable expectation Tacoma Water will suffer environmental, monetary or other damage if the operation is allowed to continue. Bidder shall be in breach of this contract if the operation continues after the suspension notice or if the operation resumes prior to approval and notice from the Forester. Bidder may request a modification of suspension within seven (7) calendar days of the start of suspension. 2.9 COMPLIANCE Bidder shall comply with all applicable statutes, regulations and laws, including, but not limited to, all Department of Natural Resources, Labor and Industry and Revenue laws, and Bidder shall submit documentation from Washington State Departments of Labor and Industries and Revenue that all obligations concerning worker compensation and safety will be met. 2.10 EXPORT RESTRICTED TIMBER The timber included in this contract is prohibited from export until processed. Bidder shall not violate any of the prohibitions in WAC 240-15-015 (relating to the prohibitions on export and substitution), WAC 240-15-025 (relating to reporting requirements), and WAC 240-15-030 (relating to enforcement). 2.11 PAYMENTS TO THE CITY The timber removed must be paid for within 14 days of removal. Payment shall be calculated on the board feet recorded on the scale report for saw timber or weight tickets for utility loads. Material not removed or mismanufactured as determined, scaled, and documented by the Forester must be paid for within 14 days of written notice to the Bidder. All payments will be made in the form of a Cashiers Check made out to the Treasurer – City of Tacoma. Payments will be sent to the Forester for reconciliation. Payments are to be sent to: Tacoma Public Utilities P.O. Box 11007 Tacoma, WA 98411-0007 Bidder agrees to pay for all timber cut based on the bid price and on scaled removals of timber and/or assessments of cut timber left on site as described in the Special and Technical Provisions. Bidder shall be liable for the entire purchase price and any liquidated damages, and will not be entitled to any offsets unless expressly stated in this contract. The bid price shall not be affected by any factors, including the amount of forest products actually present, the actual acreage covered, the amount of volume actually cut or removed, whether it becomes physically impossible or uneconomical to remove the forest products, and whether the forest products have been lost or damaged by fire or other causes. 2.12 PRE-WORK CONFERENCE Bidder shall arrange a pre-work conference with the Forester, for review of this contract and to examine the sale area before beginning any operations. A plan of operations shall be developed and agreed upon by the Forester and Bidder before beginning any operations. To the extent that the plan of operations is inconsistent with the contract, the terms of the contract shall prevail. The City’s acceptance and approval of Bidder’s plan of TW21-0506N Page 14 of 154 operations shall not be construed as any statement or warranty that the plan of operations is adequate for Bidder’s purposes or complies with applicable laws. 2.13 PERSONNEL AND REPRESENTATIVES Administration of the contract will be coordinated through Tacoma Water’s Forester (“Forester”). A Contract Administrator may be designated in place of the Forester. Questions or requests for additional information may be obtained by contacting Tad Carlson, Senior Buyer, at tcarlson@cityoftacoma.org. See Section 4 Inquiries. 2.14 GENERAL Once the contract has been finalized, the performance of the described tasks must be fully coordinated with the Forester or his/her designee. Prior to beginning any work, the City will document the Haul Route’s road condition. When all logging and construction work is completed, the Bidder must return the 5500 and 5530 road to an as-good or better condition. The performance bond shall not be released until all road work is complete. 2.15 COORDINATION WITH OTHERS It is possible that other contractors or the City will be working in the contract area during the time of logging and log hauling. It shall be the responsibility of the Bidder to coordinate its work with other companies and/or contractors within the project area. It is required that the Bidder has and uses a Citizen Band (CB) radio when driving to and from the contract area on roads in the Watershed. 2.16 ARCHAEOLOGICAL INVESTIGATION We do not anticipate that there are any known sites or potential areas of concern within the areas of work. However, if the Bidder uncovers or exposes any archaeological resources or artifact, he/she will stop work in the area of the find and immediately contact the Forester. 2.17 PROTECTION OF WATER SUPPLY This contract area is within the City of Tacoma’s Green River Watershed (“Watershed”), which is the source of the City’s municipal unfiltered water supply. The Bidder agrees to conduct their activities in a manner which will not impair the quality or quantity of water available from this watershed area and will comply with the City’s manual entitled, “Requirements for the Protection of Water Supply in the Green River Watershed”, copy attached as Appendix F. Some of the key requirements of this manual are as follows: The Bidder shall take immediate action to contain and control all spills. Report any spills immediately to Watershed Office 253-502-8808 or 253-502-8860 or Headworks Control Station 253-502-8346 and Forester. Human excrement or urine shall not be deposited in/on the Watershed except in pre-established portable toilets supplied by Tacoma Water. No oil or any other petroleum base products, garbage, food waste, or any form of decaying, foul, or noxious matter, either liquid or solid, may be thrown, spread or otherwise deposited in any waters or on or beneath the surface of the ground. No camps or housing facilities may be moved into, constructed, or maintained within the Watershed area without approval of Tacoma Water. TW21-0506N Page 15 of 154 mailto:tcarlson@cityoftacoma.org Pesticides or plant nutrients shall not be applied to the Watershed without prior notification of Tacoma Water. Notification shall be required for each specific project two days before application. No person shall be taken in or allowed to enter the Watershed with the Bidder unless that person is in the employment of the Bidder or authorized to enter by Tacoma Water. Bidder shall travel to and from the work sites on the roads designated for this contract and not deviate from those routes without the Foresters prior approval. The Bidder shall not stop on the roadways except in case of vehicle mechanical failure or unsafe road conditions. The Bidder shall drive the roads in a safe manner appropriate to the road and weather conditions and not exceed the posted speed limit. The Bidder shall not trespass on the rights of other landowners in the Watershed. There is no recreation (fishing, swimming, boating, camping, hiking and hunting) allowed in the access controlled area of the Watershed, except for a permit hunt in the fall. The Bidder will inform all those who enter the Watershed on their behalf about the nature of the Watershed and the serious consequences arising from failure to comply with Tacoma Water’s regulations. Bidder and all their employees, subcontractors, and suppliers must use Tacoma Water supplied sanitary facilities or may choose to provide portable self contained chemical toilets at the work sites, for its workers’ use. Bidder supplied facilities will be provided at the Bidder’s expense and serviced weekly for 10 or less people based on a 40 hour work week, according to WAC 296-155-140. Bidder shall remove from the contract area, as often as may be required by Tacoma Water, all refuse, and deleterious material and upon completion of the contract, Bidder shall leave area clean. All petroleum products shall be removed from the area and deposited in an approved disposal area. Should Bidder fail to comply with this provision after notice from Tacoma Water, Tacoma Water may cause the same to be removed and charge the expense to the Bidder and Bidder agrees to pay said expense. Noncompliance with the above water supply protection rules will be grounds for barring sited Bidder’s employees or subcontractors from entering the Watershed and or suspension of this contract. 2.18 HABITAT CONSERVATION PLAN (HCP) CONTRACTOR AWARENESS NOTICE The City of Tacoma Public Utilities, Water Division (Tacoma Water) has entered into a Habitat Conservation Plan (HCP) with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services) to address forestland management issues relating to compliance with the Federal Endangered Species Act. The activities to be carried out under this contract are located within Tacoma Water’s HCP area and are subject to the terms and conditions of the HCP, and the Services’ Incidental Take Permit Nos. TE044757-0 and 1305 (collectively referred to as ITP), or as amended hereafter by the Services. The ITP authorizes the incidental take of certain federally listed threatened and endangered species, as specified in the ITP conditions. All HCP materials, including the ITP, are available for review at the Watershed Office, 36982 Green River Headworks Road, Ravensdale, Washington and the Tacoma Public Utilities Administration Building, Records Management Office, at 3628 South 35th Street, Tacoma, Washington. By signing this contract, the Bidder agrees to comply with the terms and conditions of the ITP and the following Reporting Requirements. Tacoma Water agrees to authorize the lawful activities of the Bidder carried out pursuant to this contract, PROVIDED the Bidder remains in compliance with the terms and conditions of both the HCP and ITP. The requirements set forth in this contract are intended to comply with the terms and conditions of TW21-0506N Page 16 of 154 the HCP and ITP. Accordingly, non-compliance with the terms and conditions of the HCP and ITP will render the authorization provided in this paragraph void, be deemed a breach of this contract and may subject the Bidder to liability for violation of the Endangered Species Act. Any modifications to this contract shall be proposed in writing by the Bidder. Bidder shall continue to meet the terms and conditions of the HCP and ITP, and shall require the prior written approval of the City of Tacoma by the Tacoma Water Superintendent before taking effect. 2.19 PURCHASER REPORTING REQUIREMENTS The Bidder shall immediately notify the Forester of sightings and locations of a marbled murrelet, northern spotted owl, gray wolf, grizzly bear, California wolverine, Canada lynx and Pacific fisher; within 24-hours of the sighting. Upon locating any dead (except spawned-out fish carcasses), injured, or sick individuals of any listed species covered by the ITP (see Table 1 below), the Bidder shall immediately notify the Forester. The Bidder shall notify the Forester if there is any doubt as to identification of a discovered listed species. Bidder may be required to take certain actions to help the Forester safeguard the well being of any live, injured or sick specimens of any listed species discovered, until the Forester can determine the proper disposition of such specimens. The Forester will explain any such requirements to the Bidder during the Pre-Work Conference. In all circumstances, notification must occur within a 24-hour time period. Provisions and requirements of the HCP and ITP shall be clearly presented and explained to Bidder by the Forester during the Pre-Work Conference. All applicable provisions of the HCP, ITP, Reporting Requirements and Implementation Manual must be presented and clearly explained by the Bidder to all authorized officers, employees, purchasers, or agents of the Bidder conducting authorized activities in the HCP area. Any questions the Bidder may have about the requirements contained herein, should be directed to the Forester. TABLE 1--LISTED SPECIES COVERED BY TACOMA WATER’S INCIDENTAL TAKE PERMITS Mammals: Grizzly Bear, Ursus arctos Gray Wolf, Canis lupus Canada Lynx, Lynx Canadensis Birds: Bald Eagle, Haliaeetus leucocephalus Marbled Murrelet, Brachyramphus marmoratus Northern Spotted Owl, Strix occidentalis caurina Fish: Chinook Salmon, Oncorhynchus tshawytscha Bull Trout, Salvelinus confluentus Species listed as threatened or Endangered under the Endangered Species Act at the time of permit issuance on July 9, 2001. 2.20 FIRE PROTECTION TW21-0506N Page 17 of 154 Purchaser acknowledges that operations under this Contract may increase the risk of fire. Bidder shall comply with all State Forest Protection laws as provided in WAC 332-24 and RCW 76.04 and further agrees to use the highest degree of care to prevent uncontrolled fires from starting. This timber sale is located in DNR Shut Down Zone 659N. The Bidder may call for the Industrial Fire Precaution Level (IFPL) at 1-800-527-3305 or upon entering the Watershed, observe the posted Industrial Fire Precaution Level and abide by the operating rules for that precaution level. On discovery of fire, immediately notify the State DNR South Puget Sound Fire Desk at 360-802-7058 or after work hours at 1-800-562-6010 (DNR Olympia) and Bryan King at 253-502-8808 (office) or 360-886-2018 (cell) or Headworks Control Station at 253-502-8346 or 360-886-1601.Devote every reasonable effort and all facilities and employees to the prevention and suppression of any fire on or near the sale area, regardless of its cause, place or origin. From April 15 to October 15, furnish and maintain on site: An instrument suitable for accurately measuring the relative humidity of the air. A pump truck or pump trailer of at least 300 gallon capacity, full of water, with a suitable pump and at least 500- feet of 1-1/2-inch hose, fittings and shut-off nozzles, sufficient to reach the Contract Unit within five (5) minutes after the start of any fire, all in good condition and ready for use, with personnel trained in their use. At least two (2) five gallon backpack pump cans and the minimum number of hand firefighting tools required by law. For at least one (1) hour after cessation of daily operations, a watchman capable of operating all fire equipment and equipment and equipped with a telephone capable of summoning fire control agencies and Tacoma Water. Suspend operations, except fire prevention, suppression and control, whenever the relative humidity is 30- percent or lower, or when in Tacoma Water's judgment, suspension is necessary to guard against fire because of excessive flammable debris, low humidity, low fuel moisture content, high wind or temperature, or other conditions and not resume operations until authorized by Tacoma Water. 2.21 ROAD USE Bidder is authorized to use the following Tacoma Water roads: 5500 Road and 5516 Road as shown on the Driving and Activity Maps. The Bidder shall not block the 5500 and 5516 roads with equipment, trees or logs during the term of this contract, unless authority is granted by the Forester. Bidder will perform road maintenance work at their cost on all roads to maintain proper drainage and to keep the road surface in a like condition to when they started using the road, clear of debris, smooth and crowned if directed by the Forester. ADDITIONAL ROADS: The Bidder is responsible for the construction of any additional spur road, skid trail or landing not provided by Tacoma Water. Roads, trails and landings proposed by the Bidder need to be pre- approved in writing by Tacoma Water before construction. Maintenance is required on Bidder built roads. 2.22 TRESPASS AND UNAUTHORIZED ACTIVITY TW21-0506N Page 18 of 154 Any cutting, removal, or damage of forest products by Bidder, its employees, agents, or invitees, including independent Purchasers, in a manner inconsistent with the terms of this contract or State law, is unauthorized. Such activity may subject Bidder to liability for triple the value of said forest products under RCW 79.02.320 or RCW 79.02.300 and may result in prosecution under RCW 79.02.330 or other applicable statutes. 2.23 LIQUIDATED DAMAGES OR FAILURE TO PERFORM The following clauses in this section of the contract provide for liquidated damages for the Bidder’s breach and are not penalties. They are reasonable estimates of anticipated harm to Tacoma Water caused by the Bidder’s breach. Tacoma Water and Bidder agree to these liquidated damages provisions with the understanding of the difficulty of proving loss and the inconvenience or infeasibility of obtaining an adequate remedy. These liquidated damages provisions provide greater certainty for the Bidder by allowing the Bidder to better assess its responsibilities under the contract. Damages for Failure to Remove Forest Products The Bidder’s failure to remove all of the forest products specified prior to the expiration of the contract operating authority results in substantial injury to Tacoma Water. The value of the forest products sold at the time of breach is not readily ascertainable. The Bidder’s failure to perform disrupts Tacoma Water's management plans in the project area, the actual cost of which is difficult to assess. A re-offering of the contract involves additional time and expense and is not an adequate remedy. Therefore, the Bidder agrees to an amount calculated according to the following guidelines: Full stumpage value will be assessed for felled trees, or clumps not thinned greater than three acres in size, plus all costs associated with scaling and computing the stumpage value of the forest products left. 35% of full stumpage value will be assessed for clumps not thinned less than three acres in size, plus all costs associated with scaling and computing the stumpage value of the forest products left. The stumpage value of forest products left shall be determined by Tacoma Water or a third party scaling organization utilizing whatever method(s) best suited for accurate volume and acreage measurement as determined by Tacoma Water. Damages for Excessive Timber Breakage Excessive breakage of timber results in substantial injury to the City of Tacoma and Tacoma Water. The value of the forest products sold at the time of breach is not readily ascertainable. Therefore, the Bidder agrees to pay an amount calculated according to the following: The value for excessive timber breakage will be determined at a rate, which reflects the log sort price that the Bidder’s would have paid for unbroken logs minus the cost of delivery, plus all costs associated with scaling and computing the stumpage value of the forest products excessively broken. The stumpage value of forest products excessively broken shall be determined by Tacoma Water or a third party scaling organization utilizing whatever method(s) best suited for accurate volume measurement as determined by Tacoma Water. Inadequate Log Accountability Removal of forest products from the sale area without adequate branding and/or valid load tickets attached to the load, weighing or scaling forest products in a location other than the facilities authorized for use for this sale, and failing to deliver load ticket to the weighing/scaling official all result in substantial injury to Tacoma Water. The potential loss from not having proper branding, ticketing, weighing locations and accountability is not readily TW21-0506N Page 19 of 154 ascertainable. These contractual breaches result in a loss of load and weighting/scaling data the potential for the removal of forest products for which Tacoma Water receives no payment, and cause increases in Tacoma Water's administration costs associated with this contract. The actual costs of these breaches are difficult to assess. For these reasons, the Bidder agrees to pay the following amounts, as liquidated damages, to compensate Tacoma Water for these breaches: a sum of $100.00 each time a load of logs does not have branding as required in the contract, $250.00 each time a load of logs does not have a load ticket as required by the contract, $250.00 each time a load ticket has not been filled out as required by the plan of operations, $250.00 each time a load is weighed at a facility not approved as required by the contract, and $250.00 each time load and weight scale data is not presented to the weighing/scaling official. 3. CALENDAR OF EVENTS This is a tentative schedule only and may be altered at the sole discretion of the City. The anticipated schedule of events concerning this RFB is as follows: Pre-Bid Meeting: 5/21/2021 Question Deadline: 5/28/2021 City response to Questions on or about: 6/4/2021 Submittal Due Date: 6/14/2021 Anticipated Award Date: June/July, 2021 4. INQUIRIES 4.1 Questions and requests for clarification of the specifications may be submitted in writing by 3:00 p.m., Pacific Time, Friday May 28, 2021, to Tad Carlson, Purchasing Division, via email to TCarlson@cityoftacoma.org. Subject line of email should read: TW21-0506N – Question and Answer – VENDOR NAME 4.2 Questions received after this deadline may not be answered. 4.3 The City will not be responsible for unsuccessful submittal of questions. 4.4 Questions marked confidential will not be answered or included. 4.5 The City reserves the discretion to group similar questions to provide a single answer or not to respond when the requested information is confidential. 4.6 The answers are not typically considered an addendum. 4.7 Written answers to questions will be posted on the Purchasing website at www.TacomaPurchasing.org on or about Friday June 4, 2021. 5. PRE-BID MEETING TW21-0506N Page 20 of 154 mailto:TCarlson@cityoftacoma.org 5.1 A pre-bid meeting will be held at 9:00 a.m., Friday May 21, 2021 at: Tacoma Water’s Headworks Office 36525 SE Green River Headworks Road, Ravensdale, WA. 5.2 Make sure to refer to Watershed Access Requirements for Pre-Bid Meeting in Reference Documents 5.3 The purpose of the pre-bid meeting is to answer questions about the solicitation and for site examination. 5.4 Attendance at a pre-bid meeting is not required to submit a bid. 6. DISCLAIMERS 6.1 The Bidder is responsible for examining the site prior to submitting a bid. The purpose of the pre-bid meeting is to answer questions about the solicitation and for site examination. 6.2 The bidder agrees to be responsible for examining the site and products and to have compared them with this request for bid, cruise data, and maps/drawings, and to be satisfied as to the terrain and difficulties in execution of the proposed contract (such as uncertainty of weather, floods, nature and condition of materials to be handled and all other conditions, special work conditions including work schedules, obstacles and contingencies) before the delivery of his/her bid. 6.3 No allowance will be subsequently made by the City on behalf of the bidder because of any error or neglect on the bidder’s part, for such uncertainties as indicated above. 6.4 The City is not liable for any costs incurred by the Respondent for the preparation of materials or a proposal submitted in response to this RFB, for conducting any presentations to the City, or any other activities related to responding to this RFB, or to any subsequent requirements of the contract negotiation process. 7. CONTRACT TERM The Bidder shall be required to complete all work by October 15, 2023 (Expiration Date). 8. RESPONSIVENESS The City reserves the right and holds at its discretion the following rights and options: To waive any or all informalities To award one or more contracts To award by line item or group of line items To not award one or more items To not award a contract To issue subsequent bids Bid proposals must provide ninety (90) days for acceptance by City from the due date for receipt of submittals. All bid proposals will be reviewed by the City to determine compliance with the requirements and instructions specified in this Request For Bids (RFB). The bidder is specifically notified that failure to comply with any part of the RFB may result in rejection of the bid proposal as non-responsive. The City reserves the right, in its sole TW21-0506N Page 21 of 154 discretion, to waive irregularities deemed by the City to be immaterial. The City also reserves the right to not award a contract or to issue subsequent RFB’s. The final selections, if any, will be that bid proposal which, in the sole judgment of City, after review of all submissions, best meets the requirements set forth in the RFB. Any contract value over $500,000 is subject to City Council and / or Public Utility Board approval. 9. AWARD Award of this contract will be to the highest responsive and responsible bidder based on the highest totals. All bidders shall provide unit pricing for all bid items. The City reserves the right to not award a specific item or all items, if in the best interest of the City. The City may also take into consideration all other criteria for determining award, including evaluation factors set forth in Municipal Code Section 1.06.262. In evaluating the proposals, the City may also consider any or all of the following: • Compliance with specification. • Proposal prices, listed separately if requested, as well as a lump sum total. • Time of completion/delivery. • Warranty terms. • Bidder's responsibility based on, but not limited to: • Ability, capacity, organization, technical qualifications and skill to perform the contract or provide the services required. • References, judgment, experience, efficiency and stability. • Whether the contract can be performed within the time specified. • Quality of performance of previous contracts or services. All other elements or factors, whether or not specifically provided for in this specification, which would affect the final cost to and the benefits to be derived by the City will be considered in determining the award of this contract. The final award decision will be based on the best interests of the City. 10. INSURANCE Bidder agrees to provide and keep current insurance coverage that meets the City’s insurance requirements. Appendix 11. PRICING All pricing shall include the costs of bid preparation, all labor, tools, equipment and materials to harvest and deliver the items / services listed. The pricing is to remain firm for the contract term. 12. BID BOND The attached Bid Bond (Bid Forms) must be executed by the person legally authorized to sign the bid and must be properly signed by representatives of the surety company unless the bid is accompanied by a certified check or cashier’s check. TW21-0506N Page 22 of 154 12.1 If a Bid Bond is used, the form furnished by the City must be followed; no variation from the language thereof will be accepted. The amount of the Bid Bond must be not less than five percent (5%) of the total amount bid; and, if shown in dollars and cents, the amount of said Bid Bond must be not less than the required five percent; or in lieu of dollars and cents, the bond may be completed by inserting therein, “five percent of the amount of the accompanying proposal”. Bid Bonds will not be returned. Bid Bond should be submitted electronically with bid submittal. Hard copies should be postmarked no later than the submittal date. 12.2 If a certified or cashier’s check is provided by the successful Respondent(s), the amount of their check will be refunded after award of the Contract, City’s receipt of the signed Contract, and acceptance of the Performance Bond, if applicable. Unsuccessful Respondents providing certified checks will be refunded the amount of their check upon award of the Contract. 13. PERFORMANCE AND PAYMENT BONDS 13.1 A performance bond, including power of attorney in the amount of $50,000 is a post award requirement. A. Performance security must remain in full force over the duration of the contract length, including extensions. B. Bidder shall not operate unless the performance security has been accepted by the City of Tacoma. C. If at any time The City of Tacoma decides that the security document or amount has become unsatisfactory, Bidder agrees to suspend operations and replace the security with one acceptable to the City or to supplement the amount of the existing security. D. The City of Tacoma may also require increases to the existing performance security at any time. 13.2 Bidder will prepay for forest products to be cut prior to cutting, or will guarantee payment by posting an approved payment security. The amount of prepayment or payment security will be determined by Tacoma Water based on the Bidder’s cutting plan and shall never be less than 25% of the full bid value. A. Cutting must cease before the value of the cut timber exceeds the payment security. B. If a payment bond is selected for this security, the City’s bond form must be used. (See Sample Documents) 13.3 The City’s bond forms must be used. (See Sample Documents). 13.4 Both bonds must be executed by a surety company licensed to do business in the state of Washington. 13.5 Any costs associated with acquiring bonds will not be reimbursed or paid as a separate line item. 13.6 For a supply-type contract, a certified or cashier’s check or cash may be substituted for the bond; however, this cash or check must remain with the City through the guarantee period and any interest on said amount shall accrue to the City. 14. MATERIALS AND WORKMANSHIP The successful bidder shall be required to furnish all materials necessary to perform contractual requirements. Materials and workmanship for this contract shall conform to all codes, regulations and requirements for such specifications contained herein and the normal uses for which intended. Material shall be manufactured in TW21-0506N Page 23 of 154 accordance with the best commercial practices and standards for this type of goods. All literature and products must be packaged and labeled to sell in the United States. 15. ENVIRONMENTALLY PREFERABLE PROCUREMENT In accordance with the City of Tacoma’s Sustainable Procurement Policy, it is the policy of the City of Tacoma to encourage the use of products or services that help to minimize the environmental and human health impacts of City Operations. Respondents are encouraged to incorporate environmentally preferable products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, products, manufacturing, packaging, distribution reuse, operation, maintenance or disposal of the product or service. The City of Tacoma encourages the use of sustainability practices and desires any awarded contractor(s) to assist in efforts to address such factors when feasible for: • Reduction of pollutant releases • Toxicity of materials used • Waste generation • Greenhouse gas emissions, including transportation of materials and services • Recycle content • Comprehensive energy conservation measures • Waste manage reduction plans • Potential impact on human health and the environment 16. EQUITY IN CONTRACTING The City of Tacoma is committed to encouraging firms certified through the Washington State Office of Minority and Women’s Business Enterprise to participate in City contracting opportunities. See the TMC 1.07 Equity in Contracting Policy at the City’s Equity in Contracting Program website. TW21-0506N Page 24 of 154 http://cms.cityoftacoma.org/sustainability/resolution38248-PurchasingPolicy.pdf https://omwbe.diversitycompliance.com/ https://omwbe.diversitycompliance.com/ https://www.cityoftacoma.org/government/city_departments/community_and_economic_development/small_business_enterprise Appendices Appendix A – Timber Cruise Appendix B – Maps Appendix C – Thinning Prescription Appendix D – Road Plan Appendix E – Forest Practices Application/Notification Appendix F – Requirements for Protection of the Water Supply in the Green River Watershed Appendix G – Forest Practices Application/Notification – Notice of Transfer Appendix H – Disposition Certification for Export Restricted Timber TW21-0506N Page 25 of 154 Appendix A TW21-0506N Page 26 of 154 TW21-0506N Page 27 of 154 TW21-0506N Page 28 of 154 TW21-0506N Page 29 of 154 Appendix B - Maps TW21-0506N Page 30 of 154 CUMBERLAND GREEN RIVER HEADWORKS ROAD HEADWORKS GATE GREEN RIVER WATERSHED NORTHSIDE MAINLINE / 5500 ROAD 8 MILE THINNING UNIT 3433 11 23 34 34 35 29 7 25 29 27 33 4 3 6 6 30 32 36 5 6 34 2 33 19 27 32 8 20 15 25 21 26 19 28 10 5 33 1 6 36 28 14 24 13 4 7 9 11 23 41 20 3 31 15 24 32 32 35 3 5 4 17 17 13 3 12 30 31 36 8 9 2 2 5 18 36 1 1 26 10 16 31 12 21 2222 35 18 2 35 1416 ± DRIVING DIRECTIONS: From Cumberland follow the Cumberland-Kanaskat Road north towards Ravensdale for approximately 3 miles. Turn Right onto SE Green River Headworks Road for 2.2 miles to the Headworks Gate. Continue 0.75 miles from the staffed gate until the pavement ends and the road name changes to the Northside Mainline / 5500 Road. Continue approximately 8.15 miles and turn left on the 5516 Road. Follow the 5516 Road for approximately 0.05 miles and the unit will be on your right. GREEN RIVER WATERSHED 8 MILE THINNING - DRIVING MAP Legend Driving Road 8 Mile Thinning TW21-0506N Page 31 of 154 ? ? ? Unit 1 26.8 Acres 8 8.5 North Fork Green River North F ork GreenR iver Cotto nwoo d Cr eek Cott onw ood Cre ek Cott onw ood Cre ek Page Mill Creek 23 22 5500 5500 55 17 5500 5500 5516 1731288 1731268 ± 400 0 400200 Feet S23 T21N R08E W.M. Legend ? Landings Unit bndy Temp Road Section Township RMZ bndy CONTOURS 40 FOOT ) Mile Post Marker8Road City of Tacoma 8 Mile Thinning Map Stream TW21-0506N Page 32 of 154 bballard Typewritten Text Spur 1 bballard Typewritten Text Spur 2 bballard Typewritten Text Spur 3 Appendix C Harvest Prescription **Target stand characteristics: ** Residual trees per acre: 90-100, AND Residual basal area per acre: 125 – 145 ft2 1) When selecting take trees, use the following criteria by comparing trees to the adjoining trees, until the target stand characteristics are met: a. First, remove Red alder. b. Next, starting from the smallest, poorest form, trees and progressing upward in DBH, remove DEFECTIVE1 Western hemlock and True fir. c. Finally, remove non-defective trees, starting with the smallest, poorest formed, least vigorous/smallest crowned trees. 2) Leave all western red cedar. 3) Leave all trees greater than 24 inches in diameter 4) Openings created by logging shall be no greater than 25 feet across. Compliance Plots: Variable radius plots will be taken to determine if falling operations are meeting the post thin basal area target. A 40 basal area factor (BAF) will be used, and only trees measuring 5 inches dbh and larger will be tallied. The Contract Administrator's plot data will be averaged on an acre by acre basis to determine if the leave tree and cut tree criteria are successfully being met. The number and location of the plots taken for compliance purposes are at the discretion of the Contract Administrator, and will include skid trails. The processor operators should take their own plots to ensure the quality of their work. The Contract Administrator and the operators will jointly review contract clauses pertinent to harvest operations, including the Leave Tree and Cut Tree Selection Criteria as outlined, prior to beginning thinning operations. The Contract Administrator will designate a test area for each individual operator. Each operator must meet the expectations set forth here, and satisfactorily complete the test area before they will be allowed to continue work on the remainder of the unit. TW21-0506N Page 33 of 154 APPENDIX D: 8 MILE THINNING TIMBER SALE ROAD PLAN OPTIONAL ROADS The specified work on the following roads is not required. Any optional roads built by the Bidder must meet all the specifications in the road plan. Road Stations Type Spur 1 12+38 Construction Spur 2 3+80 Construction Spur 3 6+30 Construction CONSTRUCTION This project includes, but is not limited to the following construction requirements: clearing; grubbing; right-of-way debris disposal; excavation and/or embankment to subgrade; landing construction; acquisition and installation of drainage structures; acquisition and application of rock; road decommissioning. DECOMMISSIONING This project includes decommissioning of all optional roads constructed. ROAD PLAN CHANGES If the Bidder desires a change from this road plan including, but not limited to, relocation, extension, change in design, or adding roads; a revised road plan must be submitted in writing to the Contract Administrator for consideration. Before work begins, Bidder shall obtain approval from the city the submitted plan. UNFORESEEN CONDITIONS Quantities established in this road plan are minimum acceptable values. Additional quantities required by the state due to unforeseen conditions, or Bidder's choice of construction season or techniques will be at the Bidder's expense. Unforeseen conditions include, but are not limited to, solid subsurface rock, subsurface springs, saturated ground, and unstable soils. ROAD DIMENSIONS Bidder shall perform road work in accordance with the dimensions shown on the TYPICAL SECTION SHEET and the specifications within this road plan. ROAD TOLERANCES TW21-0506N Page 34 of 154 Bidder shall perform road work within the tolerances listed below. The tolerance class for each road is listed on the TYPICAL SECTION SHEET. Tolerance Class A B C Road and Subgrade Width (feet) +1.5 +1.5 +2.0 Subgrade Elevation (feet +/-) 0.5 1.0 2.0 Centerline alignment (feet lt./rt.) 1.0 1.5 3.0 TEMPORARY ROAD CLOSURE Bidder shall notify the Contract Administrator a minimum of 5 calendar days before the closure of any road. REPAIR OR REPLACEMENT OF DAMAGED MATERIALS Bidder shall repair or replace all materials, roadway infrastructure, and road components damaged during road work or operation activities. The Contract Administrator will direct repairs and replacements. Repairs to structural materials must be made in accordance with the manufacturer’s recommendation. DAMAGED METALLIC COATING Any damaged galvanized or aluminized coating on existing or new bridge components, culverts, downspouts, and flumes must be cleaned and treated with a minimum of two coats of zinc rich paint. ROAD MARKING Bidder shall perform road work in accordance with the city’s marked location. All road work is marked as follows:  Orange ribbon for road centerlines. ACTIVITY TIMING RESTRICTION The operation of road construction equipment is not allowed on weekends or state recognized holidays, unless authorized in writing by the Contract Administrator. SEDIMENT RESTRICTION Activities shall not allow silt-bearing runoff to enter any streams. CLOSURE TO PREVENT DAMAGE The Contract Administrator will suspend road work or hauling right-of-way timber, forest products, or rock under the following conditions:  Wheel track rutting exceeds 4 inches on crushed rock roads.  Wheel track rutting exceeds 4 inches on native surface roads.  Surface or base stability problems persist.  Weather is such that satisfactory results cannot be obtained in an area of operations. TW21-0506N Page 35 of 154  When, in the opinion of the Contract Administrator excessive road damage or rutting may occur. Operations must stop unless authority to continue working or hauling is granted in writing by the Contract Administrator. In the event that surface or base stability problems persist, Bidder shall cease operations, or perform corrective maintenance or repairs, subject to specifications within this road plan. Before and during any suspension, Bidder shall protect the work from damage or deterioration. BRIDGE AND ASPHALT SURFACE RESTRICTION The use of metal tracked equipment is not allowed on bridge or asphalt surfaces at any time. If Bidder must run equipment on bridge or asphalt surfaces, then rubber tired equipment or other methods, approved in writing by Contract Administrator, must be used. If tracked equipment is used on bridge or asphalt surfaces, Bidder shall immediately cease all road construction and hauling operations. Bidder shall remove any dirt, rock, or other material tracked or spilled on the bridge or asphalt surface(s) and have surface(s) evaluated for any damage caused by transporting equipment. Any damage to the surface(s) will be repaired, at the Bidder’s expense, as directed by the Contract Administrator. SNOW PLOWING RESTRICTION Snowplowing will be allowed after the execution of a SNOW PLOWING AGREEMENT, which is available from the Contact Administrator upon request. Bidder shall request a SNOW PLOWING AGREEMENT each time plowing occurs. If damage occurs while plowing, further permission to plow may be revoked by the Contract Administrator. GENERAL ROAD MAINTENANCE Bidder shall maintain all constructed roads used under this contract in accordance with the FOREST ACCESS ROAD MAINTENANCE SPECIFICATIONS for the entire term of this contract. Maintenance is required even during periods of inactivity. PASSAGE OF LIGHT VEHICLES Bidder shall maintain constructed roads in a condition that will allow the passage of pickup trucks. ROAD WORK PHASE APPROVAL Bidder shall obtain written approval from the Contract Administrator upon completion of each of the following phases of road work:  Subgrade construction  Drainage installation  Rock application TW21-0506N Page 36 of 154 WASTE MATERIAL DEFINITION Waste material is defined as all dirt, rock, mud, or related material that is extraneous or unsuitable for construction material. DISPOSAL OF WASTE MATERIAL Bidder may sidecast waste material on side slopes up to 55% if the waste material is compacted and free of organic debris. On side slopes greater than 55%, all waste material must be end hauled or pushed to the designated embankment sites and waste areas. PROHIBITED WASTE DISPOSAL AREAS Bidder shall not deposit waste material in the following areas, except as otherwise specified in this plan:  Within 50 feet of a cross drain culvert.  Within 100 feet of a live stream or wetland.  Within a riparian management zone.  In locations that interfere with the construction of the road prism.  In locations that impede drainage. ROAD SHAPING Bidder shall shape the subgrade and surface as shown on the TYPICAL SECTION SHEET. The subgrade and surface shape must ensure runoff in an even, un-concentrated manner, and must be uniform, firm, and rut-free. NATIVE SURFACE ROADS If overwintered, native surface roads must be waterbarred by October 15. Bidder shall construct waterbars according to the attached NON-DRIVABLE WATERBAR DETAIL at a maximum spacing that will produce a vertical distance of no more than 10 vertical feet between waterbars or between natural drainage paths, and with a maximum spacing of 200 feet. ROCK FROM COMMERCIAL SOURCE Rock used in accordance with the quantities on the ROCK LIST shall be obtained from any commercial source at the Bidder's expense. Rock sources are subject to written approval by the Contract Administrator before their use. PIT RUN ROCK No more than 50 percent of the rock may be larger than 8 inches in any dimension and no rock may be larger than 12 inches in any dimension. Rock may require processing to meet this specification. ROCK APPLICATION Bidder shall apply rock in accordance with the specifications and quantities shown on the ROCK LIST. Rock must be spread, shaped, and compacted full width concurrent with rock hauling operations. TW21-0506N Page 37 of 154 OPTIONAL ROCK EXCEPTION On optional construction roads, if hauling takes place from May 1 to September 30 Bidder may provide and place less rock than shown on the ROCK LIST, as approved by the Contract Administrator. LANDING DRAINAGE Bidder shall provide for drainage of the landing surface(s). ROAD DECOMMISSIONING Bidder shall decommission all optional construction roads that were constructed within 30 days following completion of timber haul. DECOMMISSIONING REQUIREMENTS  Fill in ditches.  Rip the surface to a minimum depth of 6 inches.  Outslope the surface at a minimum of 15 percent, spur 3 only.  Remove embankments, sidecast fill, and place material into cut-banks and shape banks to conform to the natural ground.  Remove road shoulder berms except as directed.  Construct non-drivable waterbars in accordance with the attached NON-DRIVABLE WATERBAR DETAIL at a maximum spacing that will produce a vertical drop of no more than 10 feet between waterbars or between natural drainage paths and with a maximum spacing of 100 feet, or as marked in the field.  Skew waterbars at least 30 degrees from perpendicular to the road centerline on roads in excess of 3 percent grade.  Key waterbars into the cut-slope to intercept the ditch. Waterbars must be outsloped to provide positive drainage. Outlets must be on stable locations.  Block roads with earthen barricades in accordance with the attached EARTHEN BARRICADE DETAIL.  Remove culverts.  Slope all trench walls and approach embankments no steeper than 1.5:1.  Scatter woody debris onto abandoned road surfaces. TW21-0506N Page 38 of 154 TYPICAL SECTION SHEET Road From To Tolerance Subgrade Road Ditch Crown Grubbing Limits Clearing Limits (feet) Cut Slope Fill Slope Number Station Station Class Width (feet) Width (feet) Width (feet) Depth (feet) in. @ CL (feet) Ratio Ratio S R W D G1 G2 C1 C2 % % Spur 1 0+00 12+38 C 15 12 2 1 4 N/A N/A N/A N/A 100 67 Spur 2 0+00 3+80 C 15 12 2 1 4 N/A N/A N/A N/A 100 67 Spur 3 0+00 3+30 C 15 12 2 1 4 N/A N/A N/A N/A 100 67 Spur 3 3+30 6+30 C 15 12 2 1 Inslope / outslope N/A N/A N/A N/A 100 67 D W K 2 K1 R S CL ROAD CROSS-SECTION (not to scale) Surfacing (B1) Ballast (B2) G1 C1 G2 C2 CL L TT H TURNOUT DETAIL PLAN VIEW (not to scale) TW21-0506N Page 39 of 154 ROCK LIST BALLAST Road From To Rock Compacted Rock C.Y. # of C.Y. Rock Number Station Station Slope Depth Station Stations Subtotal Source K2 B2 Jaw run Spur 1 0+00 12+28 1 ½:1 6” 25 12.38 310 Commercial Spur 2 0+00 3+80 1 ½:1 6” 25 3.80 95 Spur 3 0+00 6+30 1 ½:1 6“ 25 6.30 158 Quarry Spalls Culvert installations 2 Light Loose Riprap BALLAST TOTAL: 565 Cubic Yards TW21-0506N Page 40 of 154 CULVERT LIST Road Culvert Length (ft) Riprap (C.Y.) Backfill Placement Const. Number Location Dia. Type Culvert Downspt Flume Inlet Outlet Type Material Method Staked Remarks Spur 1 0+00 18 Temp 40 In Ditch PD = Polyethylene Pipe Dual Wall AASHTO No. M294 Type S or ASTM F2648 AS10 = Aluminized Steel AASHTO No. M274, 10 Gauge TEMP =Temporary Culvert Key: QS - Quarry Spalls SR - Shot Rock NT - Native (bank run) SL - Select Fill HL - Heavy Loose Riprap LL - Light Loose Riprap Flume - Half round pipe Downspout - Full round pipe TW21-0506N Page 41 of 154 FOREST ACCESS ROAD MAINTENANCE SPECIFICATIONS, Page 1 of 2 Cuts and Fills  Maintain slope lines to a stable gradient compatible with the cut slope/fill slope ratios. Remove slides from ditches and the roadway. Repair fill-failures, in accordance with Clause 4-6 EMBANKMENT SLOPE RATIO, with selected material or material approved by the Contract Administrator. Remove overhanging material from the top of cut slopes.  Waste material from slides or other sources shall be placed and compacted in stable locations identified in the road plan or approved by the Contract Administrator, so that sediment will not deliver to any streams or wetlands.  Slide material and debris shall not be mixed into the road surface materials, unless approved by the Contract Administrator. Surface  Grade and shape the road surface, turnouts, and shoulders to the original shape on the TYPICAL SECTION SHEET to provide a smooth, rut-free traveled surface and maintain surface water runoff in an even, unconcentrated manner.  Blading shall not undercut the backslope or cut into geotextile fabric on the road.  If required by the Contract Administrator, water shall be applied as necessary to control dust and retain fine surface rock.  Surface material shall not be bladed off the roadway. Replace surface material when lost or worn away, or as directed by the Contract Administrator.  Remove shoulder berms, created by grading, to facilitate drainage, except as marked or directed by the Contract Administrator.  For roads with geotextile fabric: spread surface aggregate to fill in soft spots and wheel ruts (barrel spread) to prevent damage to the geotextile fabric. Drainage  Prevent silt bearing road surface and ditch runoff from delivering sediment to any streams or wetlands.  Maintain rolling dips and drivable waterbars as needed to keep them functioning as intended.  Maintain headwalls to the road shoulder level with material that will resist erosion.  Maintain energy dissipaters at culvert outlets with non-erodible material or rock.  Keep ditches, culverts, and other drainage structures clear of obstructions and functioning as intended.  Inspect and clean culverts at least monthly, with additional inspections during storms and periods of high runoff. This shall be done even during periods of inactivity. TW21-0506N Page 42 of 154 FOREST ACCESS ROAD MAINTENANCE SPECIFICATIONS, Page 2 of 2 Preventative Maintenance  Perform preventative maintenance work to safeguard against storm damage, such as blading to ensure correct runoff, ditch and culvert cleaning, and waterbar maintenance. Termination of Use or End of Season  At the conclusion of logging operations, ensure all conditions of these specifications have been met. Debris  Remove fallen timber, limbs, and stumps from the slopes, roadway, ditchlines, and culvert inlets. TW21-0506N Page 43 of 154 Cross Section at Centerline TW21-0506N Page 44 of 154 TW21-0506N Page 45 of 154 TW21-0506N Page 46 of 154 bballard Typewritten Text Appendix E bballard Typewritten Text October 2020 - Notice of Decision Page 1 of 2 FPA/N No: 2421994 Effective Date: 12/10/2020 Expiration Date: 12/10/2023 Shut Down Zone: 659 N Forest Practices Application/Notification Notice of Decision EARR Tax Credit: ☒ Eligible ☐ Non-eligible Reference: 8 Mile Thinning Decision ☐ Notification Accepted Operations shall not begin before the effective date. ☒ Approved This Forest Practices Application is subject to the conditions listed below. ☐ Disapproved This Forest Practices Application is disapproved for the reasons listed below. ☐ Withdrawn Applicant has withdrawn the Forest Practices Application/Notification (FPA/N). ☐ Closed All forest practices obligations are met. FPA/N Classification Number of Years Granted on Multi-Year Request ☐ Class II ☒ Class III ☐ Class IVG ☐ Class IVS ☐ 4 years ☐ 5 years Conditions on Approval/Reasons for Disapproval Issued By: Eric Oien Region: South Puget Sound Title: Resource Protection Forester Date: 12/10/2020 Copies to: ☒ Landowner, Timber Owner and Operator Issued in person: ☐ Landowner ☐ Timber Owner ☐ Operator By: TW21-0506N Page 47 of 154 October 2020 - Notice of Decision Page 2 of 2 Appeal Information You have thirty (30) days to file (i.e., actually deliver) an appeal in writing of this Decision and any related State Environmental Policy Act (SEPA) determinations to the Pollution Control Hearings Board, the Attorney General’s Office, and the Department of Natural Resources’ region office. See RCW 76.09.205. The appeal period starts when the applicant receives this decision, which usually happens electronically on the date indicated below. You must file your appeal at all three addresses below: Pollution Control Hearings Board Office of the Attorney General Natural Resources Division Department Of Natural Resources South Puget Sound Region Physical Address 1111 Israel Road SW Suite 301 Tumwater, WA 98501 Mailing address Post Office Box 40903 Olympia, WA 98504-0903 Physical Address 1125 Washington Street, SE Olympia, WA 98504 Mailing Address Post Office Box 40100 Olympia, WA 98504-0100 Physical Address 950 Farman Ave N Enumclaw, WA 98022 Mailing Address 950 Farman Ave N Enumclaw, WA 98022 Information regarding the Pollution Control Hearings Board can be found at: http://www.eluho.wa.gov/ Other Applicable Laws Operating as described in this application/notification does not ensure compliance with the Endangered Species Act, or other federal, state, or local laws. Transfer of Forest Practices Application/Notification (WAC 222-20-010) Use the “Notice of Transfer of Approved Forest Practices Application/Notification” form. This form is available at region offices and on the Forest Practices website: https://www.dnr.wa.gov/programs-and-services/forest-practices/review- applications-fpars/forest-practices-forms-and. Notify DNR of new Operators within 48 hours. Continuing Forestland Obligations (RCW 76.09.060, RCW 76.09.070, RCW 76.09.390, and WAC 222-20-055) Obligations include reforestation, road maintenance and abandonment plans, conversions of forestland to non- forestry use and/or harvest strategies on perennial non-fish habitat (Type Np) waters in Eastern Washington. Before the sale or transfer of land or perpetual timber rights subject to continuing forest and obligations, the seller must notify the buyer of such an obligation on a form titled “Notice of Continuing Forest Land Obligation”. The seller and buyer must both sign the “Notice of Continuing Forest Land Obligation” form and send it to the DNR Region Office for retention. This form is available at DNR region offices. If the seller fails to notify the buyer about the continuing forestland obligation, the seller must pay the buyer’s costs related to continuing forestland obligations, including all legal costs and reasonable attorneys’ fees incurred by the buyer in enforcing the continuing forestland obligation against the seller. Failure by the seller to send the required notice to DNR at the time of sale will be prima facie evidence in an action by the buyer against the seller for costs related to the continuing forestland obligation prior to sale. DNR Affidavit of Mailing On this day 12/10/2020, I placed in the United States mail at Olympia, WA, postage paid, a true and accurate copy of this document. Notice of Decision FPA #2421994. Meredith Dessens (Printed Name) (Signature) TW21-0506N Page 48 of 154 Forest Practices Application/Notification Western Washington PLEASE USE THE INSTRUCTIONS TO COMPLETE THIS APPLICATION. 1. Landowner, Timber Owner and Operator Legal Name of LANDOWNER Legal Name of TIMBER OWNER Same as Landowner Legal Name of OPERATOR Same as Landowner Mailing Address: Mailing Address: Mailing Address: City, State, Zip: City, State, Zip: City, State, Zip: Phone: Email: Phone: Email: Phone: Email: 2. Contact Person Contact Person: Phone: Email: 3. Are you converting any portion of the land to non-forestry use within 3 years of harvest? No Yes If yes, include your SEPA checklist and SEPA determination (if applicable) and county clearing and grading permit (if applicable). 4. If you are harvesting timber, enter the Forest Tax Number of the Timber Owner: Contact the Department of Revenue at 1-800-548-8829 for tax reporting information or to obtain a number. a. Are you eligible for EARR Tax Credit? No Yes For DNR Region Office Use Only FPA/N #: Region: Received Date: Project Name: _________________________ TW21-0506N Page 49 of 154 5. Are you a small forest landowner per RCW 76.09.450? See instructions No Yes If yes, Check all that apply. If no, skip to Question 6. My entire proposed harvest area is on a single contiguous ownership consisting of one or more parcels. My proposed forest practices activities are within an area covered by an approved Forest Stewardship Plan or Forest Management Plan developed in cooperation with DNR. I received technical assistance from a DNR small forest landowner Stewardship and Technical Assistance Forester in preparing this FPA/N. I have participated in a Washington State University Extension Service and/or DNR-sponsored Forest Stewardship Coached Planning course. I have attended a Washington State University Extension Service and/or DNR-sponsored Family Forest Owner Field Day. 6. Are you substituting prescriptions from an approved state or federal conservation agreement or Watershed Analysis? No Yes Write ‘HCP’ or ‘Using Prescriptions’ in tables that apply. Attach or reference prescriptions and/or crosswalks for approved state or federal conservation agreements or Watershed Analysis on file at the Region office. 7. What is the legal description of your forest practices? Section Township Range E/W Tax Parcel Number County 8. Have you reviewed this forest practices activity area to determine whether it may involve historic sites and/or Native American cultural resources? Read the instructions before answering this question. No Yes If you made any contacts, please provide information in Question 28. 9. Do you have a DNR approved Road Maintenance and Abandonment Plan (RMAP)? No Is a Small Forest Landowner RMAP Checklist required (see instructions)? No Yes Yes Enter your RMAP number: Is this FPA/N for work that is included in this approved RMAP? No Yes 10. Are there potentially unstable slopes or landforms in or around the area of your forest practices activity? No Yes If yes, attach Appendix D. Slope Stability Informational Form and map of areas reviewed for and locations of unstable slopes and landforms found. If applicable, attach a geotechnical letter, memo, or report, Watershed Analysis prescriptions, and/or a SEPA Environmental Checklist. TW21-0506N Page 50 of 154 11. Is this Forest Practices Application/Notification (answer every question): a. No Yes A request for a multi-year permit? If yes, length requested: 4 years or 5 years. Not everyone qualifies for a multi-year permit. See instructions for details. b. No Yes An Alternate Plan? If yes, include a template or detailed plan. See instructions for details. c. No Yes For a funded Forest Family Fish Passage Program project? d. No Yes Within an urban growth area? If yes, see instructions for additional required documents. e. No Yes Within a public park? If yes, include SEPA Environmental Checklist or SEPA Determination, except for harvest/salvage of less than 5,000 board feet within a developed public park. Park name: f. No Yes Within 500 feet of a public park? Park name: g. No Yes In an approved Conversion Option Harvest Plan (COHP) from the local government? If yes, include a copy. This only applies to proposals within urban growth areas. h. No Yes Within 200 feet of the Ordinary High Water Mark (OHWM) or floodway of Type S Water? If yes, check with the county or city to determine whether a substantial development permit is required under the local shorelines master plan. i. No Yes Within 50 miles of saltwater AND you own more than 500 acres of forest land in Washington State? If yes, include Marbled Murrelet Form or attach/reference HCP prescriptions. j. No Yes In or directly adjacent to a potential Channel Migration Zone (CMZ)? If yes, include CMZ Assessment Form. Attach/reference applicable HCP and/or Watershed Analysis prescriptions. You are required to verify all waters within 200 feet of your proposed forest practices activities prior to submitting a Forest Practices Application / Notification. Use the Water Type Classification Worksheet and/or a Water Type Modification form to explain how you verified water types. See Water Typing Requirements in the instructions. * * * * * If not working in or over typed Waters, skip to Question 16 * * * * * Prior to answering Questions 12-15 in this section please refer to the Forest Practices Application Instructions and Forest Practices Board Manual Section 5. 12. Are you proposing any of the following projects NOT permitted by current HPAs from WDFW? a. No Yes Installing, replacing, or repairing a culvert at or below the bankfull width of Type S or F Water(s) that exceeds a five percent gradient? b. No Yes Constructing, replacing, or repairing a bridge at or below the bankfull width of unconfined streams in Type S or F Water(s)? c. No Yes Placing fill material within the 100-year flood level of unconfined streams in Type S or F Water(s)? 13. Have you consulted with DNR and/or WDFW about the proposed hydraulic project(s) in or over Type S or F Water? No Yes TW21-0506N Page 51 of 154 14. If installing, replacing, removing, or maintaining structures in or over any typed Water, complete the table below. Provide crossing locations and identifiers on your Activity Map. Provide plan details in Question 28 or attach plan to the FPA/N. Type S and F Waters require detailed plan information. Complex hydraulic projects in Type N Waters may also be required per WAC 222-24-042(2). See instructions for detailed plan requirements. *Existing HPAs issued by WDFW will be complied and enforced by WDFW until expiration. Plan details are not required for hydraulic projects permitted with an existing HPA (see instructions). **Fords and/or equipment crossings on Type S and F Waters may result in an unauthorized incidental take of certain threatened or endangered fish species. For more information, see ‘Background for the State’s Incidental Take Permits for certain threatened and endangered fish species’ following Question 22 of the FPA/N Instructions. 15. If conducting any of the following activities in or over typed Water(s), complete the table below. Some activities will require identifiers on the Activity Map and/or more information in Question 28. See instructions. *Activity Type S Water Type F Water Type Np Water Type Ns Water Equipment Crossing** PROVIDE DETAILS IN QUESTION 14 Suspending Cables Cable Yarding LWD Placement/Removal Beaver Dam Removal Felling and Bucking Other (describe in Question 28) ** Fords and/or equipment crossings on Type S and F Waters must be identified in Question 14. 16. If constructing or abandoning forest roads, complete the table below. Show the road locations and identifiers on the Activity Map. Include abandonment plans for all temporary roads and abandonment projects. Road Identifier (name, number) Road Construction Road Abandonment Length (feet) Steepest Side-slope (%) Length (feet) Abandonment Date C ro ss in g Id en tif ie r (le tte r, nu m be r) W at er T yp e (S , F , N p, N s) *E xi st in g H PA N um be r (if a pp lic ab le ) H PA E xp ira tio n D at e (if a pp lic ab le ) Planned Activity (install, replace, remove, temporary, structure maintenance) Structure (bridge, ford/equipment crossing** puncheon/fill, arch, pipe arch, round culvert, other) Proposed Size (width x length) Culvert Design Method (no-slope, stream-sim, hydraulic, other) (F and S only) C ha nn el B ed W id th (f t) (F a nd S o nl y) St re am G ra di en t (% ) ( F an d S o nl y) Is th is a n R M A P Pr oj ec t? TW21-0506N Page 52 of 154 17. If depositing spoils and/or expanding or developing a rock pit for forestry use, complete the table below. Show locations and identifiers on the Activity Map. Spoil Area Identifier (letter, number) Amount of Spoils Deposited (cubic yards) Rock Pit Identifier (name, number or letter) Acres of New Rock Pit Developed Acres of Existing Rock Pit Expanded 18. If operating within 200 feet of a wetland that is not associated with Type S or F Water, complete the table below. Wetlands associated with Type S or F water should be listed in Question 25. Show the boundaries of each wetland, along with its identifier, and Wetland Management Zones on the Activity Map. See instructions for information. Wetland Identifier (letter, number) Wetland Type (A, B, Forested) Planned Activities in Wetland Planned Activities in Maximum Width WMZ Total Wetland Acres How many Acres will be drained? How many Acres will be filled? * * * * * If not harvesting or salvaging timber, skip to Question 27 * * * * * 19. If harvesting or salvaging timber, complete the table below. Show all harvest areas and unit numbers on the Activity Map. For even-aged harvest units, also show surrounding stand information on the Activity Map. U ni t N um be r Harvest Type (Even-aged, Uneven-aged, Salvage, Right-of-Way) B io m as s H ar ve st (Y o r N ) Harvest Method (rubber tired skidder, tracked skidder, dozer, shovel, full suspension cable, leading end suspension cable, helicopter, cable assist/tethered logging, animal, chipper, forwarder, slash bundler) A cr es to b e H ar ve st ed Vo lu m e to b e H ar ve st ed (m bf ) B io m as s Vo lu m e to b e H ar ve st ed (to nn ag e) Vo lu m e to b e H ar ve st ed (% ) St ee pe st S lo pe in H ar ve st U ni t ( % ) TW21-0506N Page 53 of 154 20. Reforestation. Check all that apply: Planting. Tree Species: Natural. Include a Natural Regeneration Plan Not required because of one or more of the following: I am converting some or all of this land to non-forest land in the next 3 years or lands are exempted under WAC 222-34-050. Individual dead, dying, down, or wind-thrown trees will be salvaged. Trees are removed under a thinning program reasonably expected to maximize the long-term productivity of commercial timber. I am leaving at least 100 vigorous, undamaged, and well-distributed saplings or merchantable trees per acre. An average of 190 tree seedlings per acre are established on the harvest area and my harvest will not damage them. Road right-of-way or rock pit development harvest only. * * Do you own MORE than 80 acres of forest land in Washington? If yes, skip to Question 25 * * 21. Are you using the exempt 20-acre parcel riparian management zone (RMZ) rule (WAC 222-30-023) on Type S, F, or Np Waters? No Skip to Question 25. Yes Continue to Question 22. See instructions for qualifications and information. 22. Choose the answer below that best fits your situation. Show all RMZs on the Activity Map. a. ALL of the following apply to me and my land: (If no, answer b.) • Between June 5, 2006 and today’s date I have always owned less than 80 acres of forest land in Washington. • Between June 5, 2006 and today’s date this parcel has always been 20 acres or less of contiguous ownership. See RCW 76.09.020 for definition of ‘contiguous’. • Between June 5, 2006 and today’s date this parcel has always been owned by me or someone else that has owned less than 80 acres of forest land in Washington. b. ONE OR MORE of the following apply to me and/or my land (check all that apply): If any of the statements below apply AND you use the exempt 20-acre parcel RMZ rule, you are NOT authorized under the State’s Incidental Take Permits (see explanation in FPA instructions under Question 22). Between June 5, 2006 and today’s date I have owned more than 80 acres of forest land in Washington. Between June 5, 2006 and today’s date this parcel has been a part of more than 20 acres of contiguous ownership. See RCW 76.09.020 for definition of ‘contiguous’. Between June 5, 2006 and today’s date this parcel has been owned by someone that has owned TW21-0506N Page 54 of 154 http://apps.leg.wa.gov/wac/default.aspx?cite=222-34-050 23. If harvesting within 115 feet of a Type S or F Water on an exempt 20-acre parcel, complete the table below. Show RMZs and stream segment identifiers on the Activity Map. If you are harvesting within 75 feet or within the maximum RMZ (whichever is less), stream shade must be assessed and met following harvest. Describe in Question 28 how stream shade was determined to be met, using the ‘Appendix F. Stream Shade Assessment Worksheet’ if necessary. Stream Segment Identifier (letter) Water Type (S, F) Segment Length (feet) Bankfull Width (feet) RMZ Maximum Width (feet) Are you harvesting within the maximum RMZ? (Y or N) 24. Are you harvesting within 29 feet of a Type Np Water on an exempt 20-acre parcel? No Skip to Question 27. Yes See instructions and describe leave tree strategy in Question 28. Then skip to Question 27. 25. If harvesting within 200 feet of any Type S or F Water or periodically inundated areas of their associated wetlands, complete the table below. Include Desired Future Condition (DFC) for all inner zone harvests unless you have an HCP prescription. Show RMZs, CMZs, and stream segment identifiers on the Activity Map. If you are harvesting within 75 feet or within the maximum RMZ, whichever is less, stream shade must be assessed and met following harvest. Describe in Question 28 how stream shade was determined to be met or use the ‘Appendix F. Stream Shade Assessment Worksheet’ if necessary. 26. If harvesting within 50 feet of Type Np Water, complete the table(s) below. Show RMZs and stream segment identifiers on the Activity Map. Stream Segment Identifier (letter) Total Stream Length in Harvest Unit (feet) Length of No-Harvest, 50-foot Buffers in Harvest Unit (feet) Stream Segment Identifier (letter) Total Stream Length in Harvest Unit (feet) Length of No-Harvest, 50-foot Buffers in Harvest Unit (feet) Stream Segment Identifier (letter) Water Type (S, F) Site Class (I - V) Stream Width (feet) Is there a CMZ? (Y or N) RMZ Harvest Code(s) (see instructions) DFC Run Number Total width of RMZ (feet) TW21-0506N Page 55 of 154 27. How are the following currently marked on the ground? (Flagging color, paint color, road, fence, etc.) Harvest/Salvage Boundaries: Clumped Wildlife Reserve Trees/Green Recruitment Trees: Right-of-Way Limits/Road Centerlines: Stream Crossing Work: Riparian Management Zone Boundaries and Leave/Take Trees: Channel Migration Zone: Wetland Management Zone Boundaries and Leave/Take Trees: 28. Additional Information (attach additional pages if necessary): For hydraulic projects in or over Type S, F, or complex N Water(s) see instructions for required plan information. If applicable, include mitigation measures from a geotechnical memo, letter, or report. TW21-0506N Page 56 of 154 TW21-0506N Page 57 of 154 TW21-0506N Page 58 of 154 Sale Name: 8 Mile Thinning Legal Description: Sec 23 T21NR08E W.M. Watershed A