8 Mile Thinning (Rebid)

TACOMA WATER REQUEST FOR BIDS 8 MILE THINNING - SURPLUS TIMBER SALE SPECIFICATION NO. TW22-0193N City of Tacoma Tacoma Water REQUEST FOR BIDS TW22-0193N 8 Mile Thinning – Surplus Timber Sale Submittal Deadline: 11:00 a.m., Pacific Time, Friday, June 3, 2022 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: No pre-proposal meeting will be

held. 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. Estimate: $100,000 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 Carly Fowler, Buyer by email to CFowler@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. 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 mailto:cfowler@cityoftacoma.org TABLE OF CONTENTS SUBMITTAL CHECK LIST BID SUBMITTAL FORMS page 5 SIGNATURE PAGE BID PROPOSAL PAGES BIDDER INFORMATION PAGES STATEMENT OF QUALIFICATIONS 1. MINIMUM QUALIFICATIONS 2. DESCRIPTION OF WORK 3. CALENDAR OF EVENTS 4. INQUIRIES 5. DISCLAIMERS 6. CONTRACT TERM 7. RESPONSIVENESS 8. AWARD 9. INSURANCE 10. PRICING 11. MATERIALS AND WORKMANSHIP 12. PERFORMANCE AND PAYMENT BONDS 13. ENVIRONMETALLY PREFERABLE PROCUREMENT 14. EQUITY IN CONTRACTING TECHNICAL PROVISIONS page 28 REFERENCE DOCUMENTS page 32 Sample Contract City of Tacoma Insurance Requirements Sample Performance and Payment Bonds Hold Harmless APPENDICES page 41 Appendix A – Timber Cruise Appendix B – Maps Appendix C – Thinning Prescription Appendix D – Road Plan Appendix E – Forest Practices Application/Notification Appendix F – Forest Practices Application/Notification – Notice of Transfer Appendix G – Disposition Certification for Export Restricted Timber Appendix H – Requirements for Protection of the Water Supply in the Green River Watershed CITY OF TACOMA SURPLUS TERMS AND CONDITIONS page 124 Request for Bids Specification No. TW22-0193N Template Revised: 11/24/2020 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 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) Hold Harmless (Reference Documents) Performance and Payment Bonds 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) Contractor shall submit a certificate of insurance as required by the City of Tacoma Bid Submittal Forms Signature Page Bid Proposal Pages Bidder information Pages Statement of Qualifications SIGNATURE PAGE CITY OF TACOMA TACOMA WATER All submittals must be in ink or typewritten, executed by a duly authorized officer or representative of the bidding/proposing entity, and received and time stamped as directed in the Request for Bids page near the beginning of the specification. If the bidder/proposer is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. REQUEST FOR BIDS SPECIFICATION NO. TW22-0193N 8 MILE THINNING - SURPLUS TIMBER SALE The undersigned bidder/proposer hereby agrees to execute the proposed contract and furnish all materials, labor, tools, equipment and all other facilities and services in accordance with these specifications. The bidder/proposer agrees, by submitting a bid/proposal under these specifications, that in the event any litigation should arise concerning the submission of bids/proposals or the award of contract under this specification, Request for Bids, Request for Proposals or Request for Qualifications, the venue of such action or litigation shall be in the Superior Court of the State of Washington, in and for the County of Pierce. Non-Collusion Declaration The undersigned bidder/proposer hereby certifies under penalty of perjury that this bid/proposal is genuine and not a sham or collusive bid/proposal, or made in the interests or on behalf of any person or entity not herein named; and that said bidder/proposer has not directly or indirectly induced or solicited any contractor or supplier on the above work to put in a sham bid/proposal or any person or entity to refrain from submitting a bid/proposal; and that said bidder/proposer has not, in any manner, sought by collusion to secure to itself an advantage over any other contractor(s) or person(s). Bidder/Proposer’s Registered Name Address City, State, Zip E-Mail Address E.I.No. / Federal Social Security Number Used on Quarterly Federal Tax Return, U.S. Treasury Dept. Form 941 Signature of Person Authorized to Enter Date into Contracts for Bidder/Proposer Printed Name and Title (Area Code) Telephone Number / Fax Number State Business License Number in WA, also known as UBI (Unified Business Identifier) Number State Contractor’s License Number (See Ch. 18.27, R.C.W.) Addendum acknowledgement #1_____ #2_____ #3_____ #4_____ #5_____ THIS PAGE MUST BE SIGNED AND RETURNED WITH SUBMITTAL. BID PROPOSAL PAGE – PAGE 1 BIDDER____________________________ 8 Mile Thinning - Surplus Timber Sale, TW22-0193N Item Est. Bid Qty Unit Price Extended Total Item 1: Conifer Saw Logs All conifer saw logs or better, unless specified otherwise by Tacoma Water. The bid must include all logging and hauling costs, and take into account all requirements specified in this bid solicitation. Amount paid per thousand board feet to Tacoma Water. 434 mbf $_________ /mbf $____________ Item 2: Hardwood Saw Logs All hardwood saw logs or better. The bid must include all logging and hauling costs, and must take into account all requirements specified in this bid solicitation. Amount paid per thousand board feet to Tacoma Water. 23 mbf $_________ /mbf $____________ ITEM 3: Pulp All pulp logs. The bid must include all logging and hauling costs, and take into account all requirements specified in this bid solicitation. Amount paid per ton to Tacoma Water. 220 ton $_________ /ton $____________ GRAND TOTAL (Items 1-3): $____________ NOTES: This is export-restricted timber. Bidder is required to bid on all items. The estimated quantities are based on the timber cruise (attached) and may cut out differently than estimated. The Bidder is advised to make their own estimate. Payment will be based on actual scaled volume or weight. BID PROPOSAL PAGE – PAGE 2 8 MILE THINNING - SURPLUS TIMBER SALE BIDDER’S STATEMENT OF WARRANTY AND EXCEPTIONS This form is to be fully completed and submitted with your Bid/Proposal and will be considered in evaluating overall Bid/Proposal responsiveness. Failure to complete any or all of the below items may result in Bid/Proposal rejection based on non-responsiveness. If exceptions to the requirements of the Specification are intended, they MUST be identified below. Attachment of additional statements of “Terms and Conditions” or letters purporting to modify Specification requirements shall be referenced on this Statement under the appropriate heading or they will NOT be considered a part of the Bid/Proposal. Manufacturer’s/Bidder’s Guarantees and/or Warranties of Material or Equipment (State whether proposed guarantees and/or warranties “equal or exceed” those specified in Standard Terms and Conditions Section 2.13 or in any Special Provision modifying Standard Terms and Conditions Section 2.13) ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ State Whether Exception “IS” or “IS NOT” Taken to This Specification* (See Standard Terms and Conditions Section 1.10. A statement here that exception “IS NOT” taken will create a conclusive presumption that you accept and will comply with all Specification requirements) ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ *NOTE: The City cannot legally accept a substantial deviation from the Specification. Bids/Proposals containing any substantial deviation will be rejected as non-responsive. If you state exception “IS NOT” taken to this Specification, but include statements or attach materials deviating from the standards established by the Specification, it is agreed that you will perform according to the highest standard indicated. Bidder Information – Page 1 8 Mile Thinning – Surplus Timber Sale This form must be completely filled out and signed by Bidder to qualify for evaluation SECTION 1. GENERAL INFORMATION Bidder Name: Company Name: Company Owner Name: Company Mailing Address (Street, City, State, Zip Code): Telephone Number(s): Fax Number(s): E-Mail Address: Answer each of the following questions. If ‘yes’ to any, attach an explanation including date and circumstances. Have you ever filed Chapter 11 Bankruptcy? Yes No Have you defaulted on a loan or logging contract in the past five years? Yes No Have you had any log liens placed upon you in the past five years? Yes No Have you experienced any foreclosures in the past five years? Yes No Bidder Information – Page 2 SECTION 2. EXPERIENCE SECTION 2A. BUSINESS EXPERIENCE UNIQUE TO EACH HARVEST TYPE Total number of years in the timber harvesting business? Harvest Type Total Years Experience Ground Based Clearcutting Ground Based Thinning/Partial Cutting Pole Harvest Hardwood Harvest SECTION 2B. SCALE HARVEST EXPERIENCE [federal, state, county, city, private, etc.] EXPERIENCE Worked For Number of Sales Reference State City Tribal Private Other Bidder Information – Page 3 SECTION 3. SAFETY & REGULATORY COMPLIANCE A. List any L&I violations you or your subcontractors have had within the past 24 months including date, type of violation, citation number and penalty. Information provided may be verified with the Department of Labor and Industries. B. List any Forest Practices violations you or your subcontractors have had within the last 24 months including date, type of violation, citation number and penalty. Information provided may be verified with the Department of Natural Resources. C. Logging Associations. List organizations your company maintains membership with, accreditations and/or certifications. I certify that information contained in the Bidder Information pages are true and correct. I also understand that all information is subject to public disclosure as defined by RCW 42.17.250 to 42.17.340 “Public Records.” ___________________________________ Signature of Authorized Representative _________________ Date Statement of Qualifications 8 Mile Thinning - Surplus Timber Sale This form must be completely filled out and signed by Bidder to qualify for evaluation FOREST HARVESTING EXPERIENCE [federal, state, county, city, private industry, etc.] For the purposes of this solicitation, forest roads, forestlands and forestland owners are defined by RCW 76.09.020. Experience in harvesting forestlands and constructing forest roads is required. Bidder must have satisfactorily completed at least one project of similar size and scope to the 8 Mile Thinning project within the last 10 years to be considered experienced in this type of work. Information provided will be verified. Project #1: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Reference or Contract Administrator: ____________________________________ Contact Information: _________________________________________________ FPA# (Unless Federal Project) _________________________________________ I certify that information contained in the Statement of qualifications are true and correct.I also understand that all information is subject to public disclosure as defined by RCW 42.17.250 to 42.17.340 "Public Records.".” _________________________________ _________________________________ __ ______________________ ______________ Signature of Authorized Representative Date 1. MINIMUM QUALIFICATIONS 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 lies on flat to steep 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. 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: 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. 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 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 Carly Fowler, Buyer, at CFowler@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 H. 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. mailto:cfowler@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 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 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 Jarrod Kaiser at 253-502-8808 (office) or 253-381-3675 (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 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 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: N/A Question Deadline: 05/27/2022 City response to Questions on or about: 06/01/2022 Submittal Due Date: 06/03/2022 Anticipated Award Date: 06/17/2022 4. INQUIRIES 4.1 Questions and requests for clarification of the specifications may be submitted in writing by 3:00 p.m., Pacific Time, FFriday, May 27, 2022, to Carly Fowler, Purchasing Division, via email to CFowler@cityoftacoma.org. Subject line of email should read: TW22-0193N – 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 Wednesday, June 1, 2022. 5. No Pre-Bid Meeting will be held. mailto:cfowler@cityoftacoma.org http://www.TacomaPurchasing.org 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 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 I 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. PERFORMANCE AND PAYMENT BONDS 12.1 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. 12.2 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) 12.3 The City’s bond forms must be used. (See Sample Documents). 12.4 Both bonds must be executed by a surety company licensed to do business in the state of Washington. 12.5 Any costs associated with acquiring bonds will not be reimbursed or paid as a separate line item. 12.6 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. D. The City of Tacoma may also require increases to the existing performance security at any time. 13. 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 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. 14. 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. TECHNICAL PROVISIONS A. SCOPE OF WORK AND DELIVERABLES LOGGING Bidder shall not deviate from the requirements set forth in this contract without prior written approval from the Forester. All work, equipment, and materials necessary to perform this contract shall be the responsibility of Bidder. Prior to beginning operations, Bidder and Forester will conduct a pre-work meeting. Bidder shall prepare an acceptable harvest/road work plan, as part of this meeting. The plan shall be approved in writing by the Forester. An Emergency Response Plan (ERP) shall be provided to the Forester containing but not limited to, valid contact numbers and procedures for medical emergencies, fire, hazardous spills, forest practice violations and any unauthorized or unlawful activity on or in the vicinity of the sale area. The Forester and Tacoma Water shall be promptly notified whenever an incident occurs requiring an emergency response. The ERP must be presented for inspection at the pre-work meeting and kept readily available to all personnel, including subcontractors, on site during active operations. No equipment may operate outside the unit boundaries unless authority to do so is granted in writing by the Forester. Hauling, Mechanical Cutting and Yarding will not be permitted from October 15 to April 30 unless authorized in writing by the Forester. Fall all trees into the sale area. Any tree landing outside the sale area must not be removed without permission from the Forester. Trees shall be felled and logs shall be bucked to obtain the greatest practicable utilization of merchantable forest products. Trees shall be cut as close to the ground as practicable. Stump height shall not exceed 12 inches in height measured on the uphill side, or 2 inches above the root collar, whichever is higher. Landings must be constructed along bidder constructed spur roads. Snags: Leave all snags, unless they must to be felled for safety reasons, except cut all snags for safety reasons (hardwood or conifer) that could fall on the 5500 and 5516 roads as directed by the Forester. The merchantable trees remaining on site are to be left undamaged, damage exists when one or more of the following criteria are satisfied as a result of Bidder’s operation: • A leave tree has one or more scars on its trunk exposing the cambium layer, which in total exceeds 288 square inches. • A leave tree top is broken or the live crown ratio is reduced below 30 percent. • A leave tree has more than 1/3 of the circumference of its root system injured. Excessive damage is established when more than 10 percent of the remaining merchantable trees are damaged in a unit. The damaged trees will be identified by the Forester. If Bidder’s operations are deemed to have excessive damage, the trees damaged result in substantial injury to Tacoma Water. The value of the damaged leave trees at the time of the breach is not readily ascertainable. Therefore, Bidder agrees to pay Tacoma Water as liquidated damages at the rate of $200.00 per tree for all damaged trees in the unit. Landings and yarding trails shall be pre-planned and approved by the Forester prior to constructing and/or timber falling. A yarding trail is defined as any trail used more than Twice to move logs. All yarding must be done using equipment that will not damage soil. Only low ground pressure machines will be allowed in the Contract Units. Ground based equipment may be restricted during wet weather if in the opinion of the Forester excessive yarding trail damage may occur. Excessive yarding trail damage is not permitted. Yarding trail damage is considered excessive when more than 10 percent of active trail has ruts greater than 12 inches in depth. Logging slash is to be spread on yarding trails to reduce compaction and damage; all yarding trails must have a slash mat in the trail before yarding begins and actively maintained as needed after yarding begins. Slash at landing sites is to be scattered on landing. Slash is not to be piled and must be well scattered unless other arrangements are agreed to in writing by the Forester. Yarding trail will not exceed 18 feet in width, including rub trees. Yarding trails should be at least two tree lengths apart. Yarding trails shall not cover more than 10 percent of the total acreage on each unit. Except for rub trees, yarding trails shall be felled and yarded prior to falling adjacent timber. Yarding trails will be water barred at the completion of use, if required by the Forester. Bidder shall provide for drainage on all landing surfaces constructed. Bidder shall not set, or allow to be set by Bidder’s employees, agents, invitees and independent contractors, any open fire at any time of the year. Bidder shall notify all employees and contractors working on this sale that any danger tree may be felled. Bidder is responsible to meet prescription requirements, it is strongly advised to remove all danger trees first. Signs: The following signs are required while operating; any falling within 200 feet of the 5500 or 5516 roads requires “Caution, timber falling ahead” signs on each side of working area. Required Removal of Forest Products Bidder shall remove from the sale area, present for scaling all merchantable forest products that meet the following minimum dimensions unless directed otherwise by the Forester: Species Net bd ft Log length (ft) Log dib Conifer 10 12 5 Hardwood 20 16 5 Tacoma Water may treat failure to remove forest products left in the sale area that meet the above specifications as a breach of this contract. The Bidder shall be responsible for forest products not removed. At Tacoma Water's option, Tacoma Water or a third party scaling organization may scale forest products, for volume, that meet the above specifications and are left in the sale area. Tacoma Water may charge the Bidder the value of forest products not removed at the bid rates. All costs associated with scaling and computing the billing for forest products left in the sale area will be charged to the Bidder. Merchantable Forest Products Merchantable forest products are logs or parts of logs as defined by the requirements for the lowest sawmill grade of the standard log scaling rules applicable to this contract. Logs or parts of logs not meeting merchantable forest products minimum requirements are considered pulp logs. Logs that do not meet minimum utility specifications are considered cull logs. Non-merchantable logs are logs not meeting the minimum merchantability requirements of the scaling rules as designated for this contract. Determination of volume and grade of any forest products shall be made in accordance with the official log scaling and grading rules developed by the Northwest Log Rules Advisory Group that are in effect on the date of confirmation of this contract unless otherwise stated. Log Branding and Painting Forest products shall be branded with a brand furnished by Tacoma Water prior to removal from the landing. All purchased timber shall be branded in a manner that meets the requirements of WAC 240-15-030(2)(a)(i). All timber purchased shall also be painted in a manner that meets the requirements of WAC 240-15-030(2)(a)(ii). In addition, for pulp loads, bidder shall brand at least 3 logs with legible brands at one end. Also, 10 logs shall be painted at one end with durable paint. If branding hammer is lost or stolen, Bidder will pay Tacoma Water $500.00 for replacement. Load Tickets: The Bidder will complete Tacoma Water’s Load Ticket for each log truck load of logs hauled from the Units prior to leaving the Unit. The Load Ticket will indicate the date, brand, producer, destination, trucker, species, sort (saw log, pulp), number of pieces (logs) and comments (unit number) for each load. The White (destination) and Canary (trucker) copies will be given to the truck driver who will then give the Canary copy to the gate guard on leaving the Watershed and the White copy to the destination or mill on arrival at the point of scaling. The Bidder will retain the Pink (producer) copy and the last Gold (book) copy will be left in the book. The Gold copy will be returned to the Forester when requested or when the book is complete or when hauling is finished. The Bidder is accountable for each load of logs removed from the Units. PREVENTION OF DAMAGE AND CONSENQUENCES OF BIDDER-CAUSED DAMAGE The Bidder agrees to exercise due care and caution at all times to avoid damage to all special resources including environmentally sensitive areas, water, riparian zones, and cultural areas. Additionally, the Bidder agrees to protect all improvements on Tacoma Water property affected by the work of this contract including, but not limited to, roads, culverts, bridges, ditches, utility lines, and buildings. They must be left in a like condition to the way they were immediately prior to the Bidder’s use. If damages occur due to the Bidder’s operations, the Bidder shall be responsible for repair or restoration costs, or other compensation measures as described in this contract. Tacoma Water may deduct damage or restoration costs from payments to the Bidder or utilize the performance bond. This clause shall not relieve the Bidder from other applicable civil or criminal remedies provided by law. ROAD MAINTENANCE Road maintenance is the responsibility of the Bidder. Many factors may affect maintenance needs including, but not limited to, choice of operating season, weather, equipment and use. All rocked roads must be kept in a functional, rut free condition when operating or when operations are temporarily suspended. Tacoma Water may shut down road use if, in the Foresters opinion, there is sediment impacting a stream or wetland, or if there is significant damage or potential damage to the road. The Bidder may have the option to complete the necessary repairs and continue operating. Following harvest, the culverts, ditches and cutbanks must be clean and functional. The road subgrade and surface, must be returned to the same condition or better as prior to use. Road work and associated work provisions of the Road Plan for this sale, as listed as Appendix D are hereby made a part of this contract. REFERENCE DOCUMENTS Sample Contract Performance Bond Payment Bond City of Tacoma Insurance Requirements Hold Harmless Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 06/21/2019 Page 1 of 2 CONTRACT ___________________ Resolution No. Contract No. This Contract is made and entered into effective this day of ,20 , (“Effective Date”) by and between the City of Tacoma, a Municipal Corporation of the State of Washington (“City”), and legal name of Supplier including type of business entity (“Contractor”). That in consideration of the mutual promises and obligations hereinafter set forth the Parties hereto agree as follows: I. Contractor shall fully execute and diligently and completely perform all work and provide all services and deliverables described herein and in the items listed below each of which are fully incorporated herein and which collectively are referred to as “Contract Documents”: 1. Specification No. Enter Spec Number and Enter Spec Title together with all authorized addenda. 2. Contractor’s submittal (or specifically described portions thereof) dated Enter Submittal Date submitted in response to Specification No. Enter Spec Number and Enter Spec Title. 3. Describe with specific detail and list separately any other documents that will make up the contract (fee schedule, work schedule, authorized personnel, etc.) or any other additional items mutually intended to be binding upon the parties. Delete this highlighted sentence, paragraph II and sub-bullets #1 and #2 if there are no additional attachments to the contract (attachments would be things other than a specific, contract, or bonds). II. In the event of a conflict or inconsistency between the terms and conditions contained in this document entitled Contract and any terms and conditions contained the above referenced Contract Documents the following order of precedence applies with the first listed item being the most controlling and the last listed item the least controlling: 1. Contract 2. List remaining Contract Documents in applicable controlling order. III. The Contract terminates on xxxxx. {May remove if not applicable] IV. The total price to be paid by City for Contracts full and complete performance hereunder may not exceed: $ , plus any applicable taxes. V. Contractor agrees to accept as full payment hereunder the amounts specified herein and in Contract Documents, and the City agrees to make payments at the times and in the manner and upon the terms and conditions specified. Except as may be otherwise provided herein or in Contract Documents Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work and providing the services and deliverables required by this Contract. VI. The City’s preferred method of payment is by ePayables (Payment Plus), followed by credit card (aka procurement card), then Electronic Funds Transfer (EFT) by Automated Clearing House (ACH), then check or other cash equivalent. CONTRACTOR may be required to have the capability of accepting the City’s ePayables or credit card methods of payment. The City of Tacoma will not accept price changes or pay additional fees when ePayables (Payment Plus) or credit card is used. The City, in its sole discretion, will determine the method of payment for this Contract. VII. Failure by City to identify a deficiency in the insurance documentation provided by Contractor or failure of City to demand verification of coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. VIII. Contractor acknowledges, and by signing this Contract agrees, that the Indemnification provisions set forth in the controlling Contract Documents, including the Industrial Insurance immunity waiver (if applicable), are totally and fully part of this Contract and, within the context of the competitive bidding laws, have been mutually negotiated by the Parties hereto. Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 06/21/2019 Page 2 of 2 IX. Contractor and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the requirements contained herein and in Contract Documents. X. It is further provided that no liability shall attach to City by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF, the Parties hereto have accepted and executed, as of the Effective Date stated above, which shall be Effective Date for bonding purposes as applicable. CITY OF TACOMA: CONTRACTOR: By: By: (City of Tacoma use only - blank lines are intentional) Director of Finance: ______________________________________________________________ City Attorney (approved as to form): _________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Resolution No. Bond No. That we, the undersigned, as principal, and as a surety, are jointly and severally held and firmly bound to the CITY OF TACOMA, in the penal sum of, $ , for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the City of Tacoma. WHEREAS, under and pursuant to the City Charter and general ordinances of the City of Tacoma, the said City has or is about to enter with the above bounden principal, a contract, providing for Specification No. Specification Title: Contract No. (which contract is referenced to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth. This statutory payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with RCW 39.08, 39.12, and 60.28, including all workers, laborers, mechanics, subcontractors, and materialmen, and all person who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract under Titles 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract shall in any way affect its obligation on this bond, and waivers notice of any changes, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. No suit or action shall be commenced hereunder by any claimant unless claimant shall have given the written notices to the City, and where required, the Contractor, in accordance with RCW 39.08.030. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of claims which may be properly filed in accordance with RCW 39.08 whether or not suit is commenced under and against this bond. If any claimant shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgment and attorney fees as provided by RCW 39.08.030, shall also pay such costs and attorney fees as may be incurred by the City as a result of such suit. Venue for any action arising out of or in connection with this bond shall be in Pierce County, WA. Surety companies executing bonds must be authorized to transact business in the State of Washington as surety and named in the current list of “Surety Companies Acceptable in Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Department of the Treasury. PAYMENT BOND TO THE CITY OF TACOMA Resolution No. Bond No. Specification No. Contract No. One original bond shall be executed, and be signed by the parties’ duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed power of attorney for the office executing on behalf of the surety. Principal: Enter Vendor Legal Name By: Surety: By: Agent’s Name: Agent’s Address: Resolution No. Bond No. That we, the undersigned, as principal, and as a surety, are jointly and severally held and firmly bound to the CITY OF TACOMA, in the penal sum of $ , for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the City of Tacoma. WHEREAS, under and pursuant to the City Charter and general ordinances of the City of Tacoma, the said City has or is about to enter with the above bounden principal, a contract, providing for Specification No. Specification Title: Contract No. (which contract is referenced to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth. This statutory performance bond shall become null and void, if and when the principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal’s obligations under the Contract and fulfill all terms and conditions of all duly authorized modifications, additions and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increase. If the City shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgement, shall pay all costs and attorney’s fees incurred by the City in enforcement of its rights hereunder. Venue for any action arising out of in in connection with this bond shall be in Pierce County, Washington. Surety companies executing bonds must be authorized to transact business in the State of Washington as surety and named in the current list of “Surety Companies Acceptable in Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Department of the Treasury. One original bond shall be executed, and signed by the parties’ duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed power of attorney for the office executing on behalf of the surety. Principal: Enter Vendor Legal Name By: Surety: By: Agent’s Name: Agent’s Address: PERFORMANCE BOND TO THE CITY OF TACOMA The Contractor (Contractor) shall maintain at least the minimum insurance set forth below. By requiring such minimum insurance, the City of Tacoma shall not be deemed or construed to have assessed the risk that may be applicable to Contractor under this Contract. Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. 1. GENERAL REQUIREMENTS The following General Requirements apply to Contractor and to Subcontractor(s) of every tier performing services and/or activities pursuant to the terms of this Contract. Contractor acknowledges and agrees to the following insurance requirements applicable to Contractor and Contractor’s Subcontractor(s): 1.1. City of Tacoma reserves the right to approve or reject the insurance provided based upon the insurer, terms and coverage, the Certificate of Insurance, and/or endorsements. 1.2. Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by City of Tacoma. 1.3. Contractor shall keep this insurance in force during the entire term of the Contract and for Thirty (30) calendar days after completion of all work required by the Contract, unless otherwise provided herein. 1.4. Insurance policies required under this Contract that name “City of Tacoma” as Additional Insured shall: 1.4.1. Be considered primary and non-contributory for all claims. 1.4.2. Contain a “Separation of Insured provision and a “Waiver of Subrogation” clause in favor of City of Tacoma. 1.5. Section 1.4 above does not apply to contracts for purchasing supplies only. 1.6. Verification of coverage shall include: 1.6.1. An ACORD certificate or equivalent. 1.6.2. Copies of all endorsements naming the City of Tacoma as additional insured and showing the policy number. 1.6.3. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. 1.7. Liability insurance policies, with the exception of Professional Liability and Workers’ Compensation, shall name the City of Tacoma and its officers, elected officials, employees, agents, and authorized volunteers as additional insured. 1.7.1. No specific person or department should be identified as the additional insured. 1.7.2. All references on certificates of insurance and endorsements shall be listed as “City of Tacoma”. 1.7.3. The City of Tacoma shall be additional insured for both ongoing and completed operations using Insurance Services Office (ISO) form CG 20 10 04 13 and CG 20 37 04 13 or the equivalent for the full available limits of liability maintained by the Contractor irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract and irrespective of whether the Certificate of Insurance describes limits lower than those maintained by the Contractor. 1.8. Contractor shall provide a Certificate of Insurance for each policy of insurance meeting the requirements set forth herein when Contractor provides the signed Contract for the work to City of Tacoma. Contractor shall provide copies of any applicable Additional Insured, Waiver of Subrogation, and Primary and Non-contributory endorsements. Contract or Permit number and the City Department must be shown on the Certificate of Insurance. 1.9. Insurance limits shown below may be written with an excess policy that follows the form of an underlying primary liability policy or an excess policy providing the required limit. 1.10. Liability insurance policies shall be written on an “occurrence” form, except for Professional Liability/Errors and Omissions, Pollution Liability, and Cyber/Privacy and Security 1.11. If coverage is approved and purchased on a “Claims-Made” basis, Contractor warrants continuation of coverage, either through policy renewals or by the purchase of an extended reporting period endorsement as set forth below. 1.12. The insurance must be written by companies licensed or authorized in the State of Washington pursuant to RCW 48 with an (A-) VII or higher in the A.M. Best's Key Rating Guide www.ambest.com. 1.13. Contractor shall provide City of Tacoma notice of any cancellation or non-renewal of this required insurance within Thirty (30) calendar days. 1.14. Contractor shall not allow any insurance to be cancelled or lapse during any term of this Contract, otherwise it shall constitute a material breach of the Contract, upon which City of Tacoma may, after giving Five (5) business day notice to Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith; with any sums so expended to be repaid to City of Tacoma by Contractor upon demand, or at the sole discretion of City of Tacoma, offset against funds due Contractor from City of Tacoma. 1.15. Contractor shall be responsible for the payment of all premiums, deductibles and self-insured retentions, and shall indemnify and hold the City of Tacoma harmless to the extent such a deductible or self-insured retained limit may apply to the City of Tacoma as an additional insured. Any deductible or self-insured retained limits in excess of Twenty Five Thousand Dollars ($25,000) must be disclosed and approved by City of Tacoma Risk Manager and shown on the Certificate of Insurance. 1.16. City of Tacoma reserves the right to review insurance requirements during any term of the Contract and to require that Contractor make reasonable adjustments when the scope of services has changed. http://www.ambest.com/ 1.17. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made by City of Tacoma to Contractor. 1.18. Insurance coverages specified in this Contract are not intended and will not be interpreted to limit the responsibility or liability of Contractor or Subcontractor(s). 1.19. Failure by City of Tacoma to identify a deficiency in the insurance documentation provided by Contractor or failure of City of Tacoma to demand verification of coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. 1.20. If Contractor is a State of Washington or local government and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. 2. CONTRACTOR As used herein, "Contractor" shall be the Supplier(s) entering a Contract with City of Tacoma, whether designated as a Supplier, Contractor, Vendor, Proposer, Bidder, Respondent, Seller, Merchant, Service Provider, or otherwise. 3. SUBCONTRACTORS It is Contractor's responsibility to ensure that each subcontractor obtain and maintain adequate liability insurance coverage. Contractor shall provide evidence of such insurance upon City of Tacoma’s request. 4. REQUIRED INSURANCE AND LIMITS The insurance policies shall provide the minimum coverages and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve Contractor from liability in excess of such limits. 4.1 Commercial General Liability Insurance Contractor shall maintain Commercial General Liability Insurance policy with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) annual aggregate. The Commercial General Liability Insurance policy shall be written on an Insurance Services Office form CG 00 01 04 13 or its equivalent. Products and Completed Operations shall be maintained for a period of three years following Substantial Completion of the Work related to performing construction services. This policy shall include product liability especially when a Contract solely is for purchasing supplies. The Commercial General Liability policy shall be endorsed to include: 4.1.1 A per project aggregate policy limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. 4.2 Commercial (Business) Automobile Liability Insurance Contractor shall maintain Commercial Automobile Liability policy with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury and property damage and bodily injury and property damage coverage for owned (if any), non-owned, hired, or leased vehicles. Commercial Automobile Liability Insurance shall be written using ISO form CA 00 01 or equivalent. Contractor must also maintain an MCS 90 endorsement or equivalent and a CA 99 48 endorsement or equivalent if “Pollutants” are to be transported. 4.3 Workers' Compensation 4.3.1 Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington, as well as any other similar coverage required for this work by applicable federal laws of other states. The Contractor must comply with their domicile State Industrial Insurance laws if it is outside the State of Washington. 4.4 Employers’ Liability Insurance Contractor shall maintain Employers’ Liability coverage with limits not less than One Million Dollars ($1,000,000) each employee, One Million Dollars ($1,000,000) each accident, and One Million Dollars ($1,000,000) policy limit. 4.5 Other Insurance Other insurance may be deemed appropriate to cover risks and exposures related to the scope of work or changes to the scope of work required by City of Tacoma. The costs of such necessary and appropriate Insurance coverage shall be borne by Contractor. CITY OF TACOMA SURPLUS PROPERTY DISPOSAL/BID NO.: FROM (DEPT): TO (PURCHASER/RECIPIENT): Indemnification--Hold Harmless Purchaser/Recipient acknowledges that pursuant to the terms of this agreement, Purchaser/Recipient assumes the risk of all damages, loss, cost, penalties and expense and agrees to indemnify, defend and hold harmless the City of Tacoma, from and against any and all liability which may accrue to or be sustained by the City of Tacoma on account of any claim, suit or legal action made or brought against the City of Tacoma for the death of or injury to persons (including Purchaser/Recipient’s or subcontractor’s employees) or damage to property involving Purchaser/Recipient, or subcontractor(s) and their employees or agents, or for any other cause arising out of and in connection with or incident to the receipt of the surplus property that is the subject of this agreement except for injuries or damages caused by the sole negligence of the City. In this regard, Purchaser/Recipient recognizes that Purchaser/Recipient is waiving immunity under Industrial Insurance Law, Title 51 RCW. This indemnification extends to the officials, officers and employees of the City and also includes attorney’s fees and the cost of establishing the right to indemnification thereunder in favor of the City of Tacoma. ITEM: _______________________________________$_ __ PURCHASER/RECIPIENT: _____________________________________________________________ ADDRESS: CITY & STATE: ZIP CODE PHONE: NAME: DATE: SIGNATURE: All items are sold/donated/salvaged AS-IS and WHERE-IS, with all faults. Freight costs and arrangements are the responsibility of the Purchaser/Recipient. The City of Tacoma makes no warranty, express or implied, with respect to the condition of the goods. The City of Tacoma specifically DISCLAIMS ANY AND ALL UCC WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Appendices Appendix A – Timber Cruise Appendix B – Maps Appendix C – Thinning Prescription Appendix D – Road Plan Appendix E – Forest Practices Application/Notification Appendix F – Forest Practices Application/Notification – Notice of Transfer Appendix G – Disposition Certification for Export Restricted Timber Appendix H – Requirements for Protection of the Water Supply in the Green River Watershed Appendix I - Insurance Requirements Appendix A Appendix B - Maps 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 ? ? ? Unit 1 26.8 Acres 8 8.5 North Fork Green River North F ork GreenR iver Cot ton wo od Cre ek Co tto nw ood Cr eek Co tto nw ood Cr eek 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 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: 160 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 hardwoods. b. Next, starting from the smallest, poorest form, trees and progressing upward in DBH, remove DEFECTIVE 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, except in skid trails. 3) 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. A 1/10th acre fixed plot will be used to determine residual tree per acre. 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.