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HomeMy WebLinkAboutC22-199 Colorado State Forest Service_BellyacheDocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD UNIVERSITY SERVICES AGREEMENT This University Services Agreement ("Agreement") is entered into by and between The Board of Governors of The Colorado State University System, acting by and through Colorado State University, an institution of higher education of the State of Colorado ("University"), for the use and benefit of the Colorado State Forest Service, and Eagle County, a local government,_organized under the laws of the state of Colorado, with a place of business located at: 500 Broadway, Eagle, Colorado ("Client"). NOW THEREFORE, in consideration of the above and the mutual promises contained herein, the parties agree as follows: Independent Contractors. It is understood and agreed by the parties that the University is an independent contractor with respect to the Client and that this Agreement is not intended and shall not be construed to create an employer/employee or a joint venture relationship between the University and the Client. The University shall be free from the direction and control of the Client in the performance of the University's obligations under this Agreement, except that the Client may indicate specifications, standards requirements and deliverables for satisfaction of the University's obligations under this Agreement. 2. Term. This Agreement shall be effective commencing on the date of final signature (the "Effective Date") and shall terminate two years thereafter, unless sooner terminated as provided herein or extended by written agreement of the parties. Scope of Work. The University agrees to perform the services described in the Scope of Work attached hereto (the "Services") and made a part hereof as Exhibit A, under the direction and supervision of the Principal Investigator, whose name appears in Exhibit A. 4. Payment. The Client agrees to pay the University for the Services performed under this Agreement as follows (check one): ❑ In a fixed price amount of payable 50% upon execution; 40% at mid - project; 10% upon University's submission of the final report; OR ® In accordance with the payment terms set forth in the Scope of Work, Exhibit A attached hereto. 5. Ownership of Information. At all times during and following the term of this Agreement, including any extensions or renewals hereof, all records, information and data provided to the University by the Client or developed during the performance of the Services under this Agreement by the University and/or the Client ("Project Records") shall be and remain the sole property of the Client. The University retains the right to use the Project Records for academic and research purposes. Except as provided in paragraph 7 of this Agreement, any Project Records shall be provided to or returned to the Client upon request after termination of this Agreement. 6. Reporting Requirements. 6.1 The University agrees that all Project Records as defined in the Scope of Work or detailed description thereof shall be made available to Client at any reasonable time, subject to the reporting requirements set forth in the Scope of Work. CSFS Services Agreement — rev. 6/6/19 Page 1 DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD 6.2 Client shall have the right to audit the records of the University, to the extent such records are related to the Services performed under this Agreement, during normal business hours and upon reasonable notice to University. Such audit may include the financial records of University relating to the Services. University shall reasonably cooperate with Client in satisfying any requirement or order issued by any governmental agency or court, including but not limited to the inspection of University's records or facility. 7. Confidentiality. 7.1 Each party has certain documents, data, information, and methodologies that are confidential and proprietary to that party ("Confidential Information"). During the term of this Agreement, either party may, as the "Disclosing Party," disclose its Confidential Information to the other party (the "Recipient"), in writing, visually, or orally. Recipient shall receive and use the Confidential Information for the sole purpose of the performance of this Agreement, and for no other purpose (except as may be specifically authorized by the Disclosing Party, in writing). Recipient agrees not to make use of the Confidential Information except for such Services and agrees not to disclose the Confidential Information to any third party or parties without the prior written consent of the Discloser. 7.2 Recipient shall use its reasonable best efforts to preserve the confidentiality of the Confidential Information (using the same or similar protections as it would as if the Confidential Information were Recipient's own, and in any event, not less than reasonable care). Recipient shall obligate its affiliates with access to any portion of the Confidential Information to protect the proprietary nature of the Confidential Information. 7.3 "Confidential Information" shall not include, and Recipient shall have no obligation to refrain from disclosing or using, information which: 7.3.1 is generally available to the public at the time of this Agreement; 7.3.2 becomes part of the public domain or publicly known or available by publication or otherwise, not through any unauthorized act or omission of Recipient; 7.3.3 is lawfully disclosed to the Recipient by third parties without breaching any obligation of non-use or confidentiality; 7.3.4 has been independently developed by persons in Recipient's employ or otherwise who have no contact with Confidential Information, as proven with written records; or 7.3.5 is required to be disclosed by law; provided that, in the event that Recipient is required to redisclose Confidential Information under this subsection 7.3.5, it will promptly notify the Disclosing Party, and the Disclosing Party may, at its sole discretion and expense, initiate legal action to prevent, limit or condition such redisclosure. 7.4 With respect to 7.3.5, the Client acknowledges that the University is subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. ("CORA"). If disclosure of any Confidential Information is required pursuant to CORA, the University shall reasonably cooperate with the Client to review and identify any information not subject to disclosure. However, University shall retain the right to proceed in the manner it believes, in its sole discretion and judgment, is required to be compliant with the law. CSFS Services Agreement — rev. 6/6/19 Page 2 DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD 7.5 Notwithstanding any other provision of this Agreement, a party may retain one copy of the other party's Confidential Information in its confidential files, for the sole purpose of establishing compliance with the terms hereof. 8. Equipment. Unless otherwise provided in the Scope of Work or in a writing signed by the parties, all equipment purchased by University with funds provided under this Agreement for use in connection with this Agreement shall be the property of the University, and shall be dedicated to providing Services under this Agreement while this Agreement is in effect. 9. Liability; Insurance. Each party hereto agrees to be responsible for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent allowed by law. Liability of the University, and Client, if Client is a public entity in Colorado, is at all times herein strictly limited and controlled by the provisions of the Colorado Government Immunity Act, C.R.S. secs. 24-10-101, et seq. as now or hereafter amended. Nothing in this Agreement shall be construed as a waiver of the protections of said Act. As an institution of the State of Colorado, CSU is not authorized to indemnify any party, public or private, as against the claims and demands of third parties and any such indemnification provision in this Agreement shall be null and void. (Only if checked ❑) During the term hereof, Client represents and warrants that it has and will maintain general liability insurance covering itself and its employees, if any, in the performance of this contract, in an aggregate amount of not less than one million dollars ($1,000,000.00), or $ , whichever is less, all or part of which may be self -insured. Client will furnish University with a certificate evidencing such insurance upon written request. 10. Exclusive Warranty; Disclaimer. University warrants that all deliverables provided under this Agreement will be provided substantially in accordance with the Scope of Work and/or written protocol provided by Client. All other warranties, express and implied, are hereby expressly disclaimed INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. University does not perform any services under this agreement that may be subject to FDA Regulations, e.g. GMP, cGMP, GLP, GCP work/services. University shall not be liable for any indirect, special, incidental, consequential or punitive loss or damage of any kind, including but not limited to lost profits (regardless of whether or not University knows or should know of the possibility of such loss or damages). The liability of either party under this Agreement shall not exceed the amount paid or payable to the University under this Agreement. 11. Use of Tradenames and Service Marks. Neither party obtains by this Agreement any right, title, or interest in, or any right to reproduce or to use for any purpose, the name, tradenames, trade- or service marks, or logos (the "Marks"), or the copyrights of the other party. Neither party will include the name of the other party or of any employee of that party in any advertising, sales promotion, or other publicity matter without the prior written approval of that other party. In the case of the University, prior written approval is required from the Vice President for External Relations, or designee. In the case of the Client, prior written approval is required from an authorized representative of the Client. 12. Termination. Either party may terminate this Agreement, without cause, upon not less than sixty (60) days' written notice, given in accordance with the Notice provisions of this Agreement. Termination of this Agreement shall not relieve a party from its obligations incurred prior to the termination date. Upon early termination of this Agreement by Client, except in the case of a material breach by University, Client shall pay all costs accrued by University as of the date of termination including non -cancelable obligations for the term of this Agreement, which shall CSFS Services Agreement — rev. 6/6/19 Page 3 DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD include all appointments of staff incurred prior to the effective date of the termination. University shall exert its best efforts to limit or terminate any outstanding financial commitments for which Client is to be liable. University shall furnish, within ninety (90) days of the effective termination, a final report of all costs incurred and all funds received and shall reimburse Client for payments which may have been advanced in excess of total costs incurred with no further obligations to Client. 13. Default. A party will be considered in default of its obligations under this Agreement if such party should fail to observe, to comply with, or to perform any term, condition, or covenant contained in this Contract and such failure continues for thirty (30) days after the non -defaulting party gives the defaulting party written notice thereof. In the event of default, the non -defaulting party, upon written notice to the defaulting party, may terminate this Contract as of the date specified in the notice, and may seek such other and further relief as may be provided by law. Notwithstanding the foregoing, in the event of a breach or threatened breach of paragraph 7 or 11 of this Agreement, the non -defaulting party may terminate the Agreement immediately without affording the defaulting party the opportunity to cure, and may seek an injunction or restraining order as required to prevent unauthorized disclosures of Confidential Information or unauthorized use of its Marks or copyrights. In the event that Client defaults under the obligation to make any payment as required herein, the University shall be entitled to recover, in addition to all amounts due and unpaid, interest at the rate of eighteen percent per annum, plus costs of collection and reasonable attorney fees incurred in connection with such default. 14. Notices. All notices and other correspondence related to this Agreement shall be in writing and shall be effective when delivered by: (i) certified mail with return receipt, (ii) hand delivery with signature or delivery receipt provided by a third party courier service (such as FedEx, UPS, etc.), or (iii) email with return receipt, to the designated representative(s) of the party as indicated below. A party may change its designated representative for notice purposes at any time by written notice to the other party. The initial representatives of the parties are as follows: To University: Susan Jeheber-Matthews 5060 Campus Delivery Colorado State University Fort Collins, CO 80523-5060 Telephone: 970-491-6303 Email: Susan.Matthews@colostate.edu A copy of any notice concerning a breach, alleged breach, or dispute arising under this Agreement shall also be sent to: Office of the General Counsel 0006 Campus Delivery Colorado State University Fort Collins, CO 80523-0006 Telephone: 970-491-6270 Email: contractskcolostate.edu To Client: Eagle County Government Atten: Eric Lovgren PO Box 850 Eagle, CO 81631 Telephone: 970-328-8742 Email: eric.lovgren@eaglecounty.us CSFS Services Agreement — rev. 6/6/19 Page 4 DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD 15. Legal Authority. Each party to this Agreement warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, bylaws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind it to its terms. The person(s) executing this Agreement on behalf of a party warrant(s) that such person(s) have full authorization to execute this Agreement. This Agreement shall not be binding upon Colorado State University, its governing board or the State of Colorado unless signed by the Associate Vice -President for Finance or his/her authorized delegate. 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes any previous contracts, understandings, or agreements of the parties, whether verbal or written, concerning the subject matter of this Agreement. 17. Amendment. No amendment to this Agreement shall be valid unless it is made in a writing signed by the authorized representatives of the parties. 18. Severability. In the event that any provision of this Agreement is held unenforceable for any reason, the remaining provisions of this Agreement shall remain in full force and effect. 19. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by and construed under the laws of the State of Colorado. Any claim arising under this Agreement shall be filed and tried in the District Court in and for Larimer County, situated in the City of Fort Collins, State of Colorado. 20. Assignment. This Agreement shall not be assigned without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed, provided however, such consent shall not be required in the case of a sale or transfer to a third party of all or substantially all of a party's business. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding on the successors and permitted assigns of the parties. 21. International Agreement. ❑ This is an International Agreement: (only applicable if checked) Agreements with non-U.S. contractors require approval by the CSU Export Control Office or Office of the General Counsel. The undersigned represents that he or she is duly authorized to approve export control measures on behalf of the University. *Signature Name: Title: CSFS Services Agreement — rev. 6/6/19 Page 5 DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below. The Board of Governors of the Colorado State University System, acting by and through Colorado State University: Digitally signed by Zachary Wehr Date: o 205'10 By: 15:15:15-06'00' Supervisory Forester Date: *APPROVED AS TO FORM: Brian Anderson Associate Legal Counsel Office of the General Counsel Client: rDocuSigned by: of shut, By: U&3964-4A3-?&434.,. Jeff shroll Printed Name: Title: County Manager Date: 5/16/2022 *Not required unless legal changes made to this document. CSFS Services Agreement — rev. 6/6/19 Page 6 DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD EXHIBIT A TO SERVICES AGREEMENT SCOPE OF WO K PRINCIPAL INVESTIGATOR: Matt Schiltz; Forester, Colorado State Forest Service -Granby Field Office CLIENT INVESTIGATOR: Eric Lovgren; Community Mitigation Manager, Eagle County TITLE: Bellyache WU1 GNA Cost Share DETAILED DESCRIPTION: Colorado State Forest Service will administer a hazard fuels reduction treatment on 22 acres of BLM Managed Public Lands in the Bellyache Ridge Subdivision through the Good Neighbor Authority and with cost assistance provided by Eagle County. The Colorado State Forest Service will pay for contractor services on up to 16 acres of BLM Managed Public Lands Eagle County will pay for contractor services on up to 6 acres of BLM Managed Public Lands CSFS will provide scope of work development and serve as the project administrator including • Holding a pre -work meeting • Determine work schedule • Determine work stoppages • Preform site inspections • Ensure project completion in accordance with scope of work requirements This is a no -cost agreement between the Colorado State Forest Service -Granby Field Office and Eagle County. This agreement will be terminated upon satisfactory completion of the project and payment for contractor services. CSFS Services Agreement — rev. 6/6/19 Page 7 DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD COLORADO STATE FOREST SERVICE COLORAOO STATE UNIVERSITY Project Scope of Work for Bellyache Wildland Urban Interface GNA- Administered Under the Good Neighbor Authority Introduction The Bellyache WUI GNA Project will harvest 521.4 tons of lodgepole pine on approximately 15.8 acres of BLM Managed Public Lands identified in the Bellyache Wildland Urban Interface Environmental Assessment. Use mechanical equipment and hand treatment for biomass salvage and fuels reduction cutting to remove standing live and dead lodgepole pine trees as well as dead/down merchantable trees. Pile resulting slash, as well as existing slash for burning by BLM employees. CONTRACTOR will use approved temporary roads, skid trails and landing development on BLM Managed Public Lands within treatment unit. Dead lodgepole pine dominates the project area. In most of these stands, a mix of live and dead lodgepole makes up the overstory canopy. A portion of the treatment area has a live lodgepole pine understory. In addition, there is a component of Douglas -fir, subalpine fir, aspen and spruce in the overstory and mid -story. In these cases, reserve all live species other than lodgepole pine from cutting. See attached map in Exhibit A. The Colorado State Forest Service (CSFS) will administer this project on BLM Managed Public Land under the Good Neighbor Authority. Site Visit A site visit will not be offered. Bidders are encouraged to inspect the project area on their own. Project Location The Bellyache WUI GNA project area is located on BLM lands 2.7 miles south of Wolcott, CO at T4S, R83W, Section 34; 6t" Principal Meridian, Eagle County, CO. Access to the sale area is: From Interstate 70 exit 157 (Wolcott), take Bellyache Ridge Road south for 3.8 miles. Turn right onto Big Dipper Road and travel 0.6 miles to the Cul-de-sac. Proceed through the red gate onto BLM land. Administration of Project CSFS Granby Field office Foresters are the Administering Foresters. Contact information is below: Matt Schiltz — Forester 201 East Jasper Ave., POB 69 Granby, CO 80446 970-887-3121 Matthew.Schiltz(@colostate.edu DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD COLORADO STATE FOREST SERVICE COLORAOO STATE UNIVERSITY The Administering Forester reserves the right to suspend operations for non-compliance. The Administering Forester reserves the right to specify on the spot work on a case -by -case basis that may override the specifications listed below. Subcontracting The CONTRACTOR may not assign this contract or any interest without prior written consent of the CSFS. The CONTRACTOR shall submit any proposed subcontractor with the bid response. CSFS will hold all subcontractors to the same standards as outlined in this scope of work. Subcontractors and operators of subcontractors are required to meet with the Administering Forester prior to starting any work. Contract Period and Operational Period This agreement is from the date of execution until November 30, 2022. Normal operational period for this contract is from June 1— March 31. The Administering Forester may choose to suspend operations during this period because of extenuating circumstances related to unnecessary damage due to weather or fire restrictions. The CONTRACTOR shall complete this project by November 30, 2022, unless extended by mutual agreement. Unit Overview and Prescriptions for Treatment Product Removal and Piling Unit- 15.8 acres The project area boundaries are marked in orange paint and pink flagging on boundary trees. Please note that the CONTRACTOR shall cut boundary trees meeting the cut specifications below. Clear Cut with Leave Tree —15.8 acres • Cut all dead trees (lodgepole pine -LP, Engelmann spruce -ES, Subalpine/true fir-TF, aspen -AS, Douglas -fir -DF) greater than 0.5" DBH. • Cut all live LP greater than 5.0" DBH. (Leave live ES, TF, DF, &AS) • Cut LP "whip" trees (trees with DBH less than 5.0") that have crown ratios less than 60% and/or presence of dwarf -mistletoe. • Skid whole trees 5.0" DBH and greater to the designated landing. CONTRACTOR may skid trees 5.0" DBH or less without merchantable material to the landing and remove or pile within the unit. Process merchantable trees at the landing. Remove all merchantable products. Pile non - merchantable material from processed trees at the landing according to requirements below. • Skid whole down trees that are 2/3 sound and able to produce a merchantable log (8' log with a 4" Top DIB) to the designated landing for removal. • Maintain and protect advance regeneration wherever possible. Slash treatments include hand and/or machine piling of slash described in Performance standards section D. DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD COLORADO STATE FOREST SERVICE COLORAOO STATE UNIVERSITY Plan of Operations The CONTRACTOR shall prepare a Plan of Operations for CSFS prior to the start of any work but no later than thirty (30) days after execution of the contract. Upon approval by CSFS, the Plan of Operations shall be included herein as Appendix A, which shall be attached hereto and incorporated herein, the same as if set forth in full. CONTRACTOR shall not commence any work until the CSFS approves the Plan of Operations. The CONTRACTOR, subject to the written approval of the CSFS, may amend the Plan of Operations. Anticipated typical operating season is June 1 through March 31, however, may include inoperable periods due to monsoons, drought and other weather conditions where soil or road conditions result in resource damage or wildfire risk. CSFS has the authority to suspend operations at their discretion when conditions warrant. CSFS shall suspend operations when weather has caused forest soil and road conditions to degrade enough to cause damage with continued operations. Volume Determination and Product Ownership BLM and CSFS make no warranties of any kind expressed or otherwise as to the products under this contract and does not guarantee volumes of wood products. The CONTRACTOR is responsible for making their own estimates of actual gross volume, defect and net volume recovery. Ownership of forest products transfers when Contractor pays for and removes the product from the treatment unit. The Total Bid price is calculated by deducting the forest products bid price from the total unit cost as payment for forest products. Table 1. Total Volume Summary Species Product Net Volume (Tons) Lodgepole Pine Biomass 521.4 Total : 521.4 Utilization Standards CONTRACTOR shall harvest and utilize all live and dead lodgepole pine greater than or equal to 5.0" diameter at breast height and containing at least one 8' segment to a 4.0" top and at least 2/3 sound. CONTRACTOR shall not intentionally cut logs to avoid utilization standards. Table 2. Merchantability Specifications Species Product Tree DBH Min. Piece Top dib Net Merchantability Size Lodgepole pine (live or dead) Biomass 5.0" 8.0' 4.0" 2/3 sound DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD COLORADO STATE FOREST SERVICE COLORAOO STATE UNIVERSITY Load Identification and Log Accountability Identify all loads of timber in transit using load tickets and markings as described in this section. CONTRACTOR shall show such documentation upon request by CSFS as evidence of accountability and authority to move timber products. CSFS will issue load ticket books, containing 25 individual load tickets and each comprised of four numerically corresponding stubs (book stub, mill stub, CSFS stub, and load stub) to the CONTRACTOR prior to the commencement of timber product hauling. These load tickets and their included instructions are a part of this Agreement. CONTRACTOR (or their designated hauler, as an agent of CONTRACTOR) must complete items on all four stubs of the load ticket in ink prior to timber removal from sale area. These listed items include project name, payment unit, mill destination, hauler name, date and time of product removal from project area, and species hauled. Identify loads of timber in transit by displaying the load stub portion of the load ticket securely stapled as a placard on a front- driver's side log. Both a brand of BR and the last three digits of the corresponding load ticket shall be marked on three front log and three additional rear log face locations utilizing RED timber paint and legible numerals. Load ticket books, along with CSFS stubs and book stubs are accountable items and must be returned to CSFS used or unused upon project completion and prior to project closeout. CSFS and the Contractor shall count and sign for issuance and return of tickets on a ticket receipt form provided by CSFS prior to commencement of hauling activity or project closeout, respectively. CSFS will bill the CONTRACTOR $100 for each used or unused load ticket book not returned to CSFS. If the CONTRACTOR loses a load ticket, CSFS will charge equal to the highest value load. Federal Timber Export Restrictions Unprocessed timber sold under this permit shall not be exported from the United States nor used in direct or indirect substitution for unprocessed timber exported from private lands by Contractor or any person as defined in the Act (16 USC 620e). Prior to delivering unprocessed Included Timber to another party, Contractor shall require each buyer, exchange, or recipient to execute an acceptable Agreement that will: (i) Identify the Federal origin of the timber; (ii) Specify domestic processing for the timber involved; and (iii) Require the execution of such Agreements between the parties to any subsequent transactions involving the timber. DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD COLORADO STATE FOREST SERVICE COLORAOO STATE UNIVERSITY No later than ten (10) days following the execution of any such agreement between Contractor and another party, Contractor shall furnish to CSFS a copy of each such agreement. Contractor shall retain, for three (3) years from termination date, the records of all sales, exchanges, or dispositions of all Included Timber. PERFORMANCE STANDARDS: A. Roads: CONTRACTOR and its employees will follow all State regulations, especially those pertaining to road use. The approximate boundaries of the sale area are designated on the sale area maps attached hereto as Exhibit A. CONTRACTOR will complete a utility locate by calling 811 prior to any work occurring, especially with respect to the Utility Service Road CONTRACTOR may be required to undertake road improvements prior to hauling and will be required to restore appropriate drainage when the project is completed or as required pursuant to the Performance Standards set forth below: • Locate all roads and landings within the project unit boundaries. • Once the project is finished, CONTRACTOR will install / return temporary BLM roads and ROWs within the unit and Private road accessing the unit, to their original condition and restore appropriate drainage according to the standards set forth in the two publications referenced below. This may include the need for appropriately installed water bars. • CONTRACTOR must close all temporary BLM roads by out sloping, scarifying, seeding with an approved BLM seed mix, slashing in, or a combination thereof, as directed by the Administering Forester. • Return all roads used for hauling to their original or upgraded condition and inspected by CSFS prior to close out of this agreement. All permanent improvements installed as a part of this agreement remain the property of the BLM or private landowner dependent upon the property on which the improvement resides. • CONTRACTOR shall seed exposed areas of raw soil as designated by the CSFS. CONTRACTOR shall leave soil on areas needing seed in a roughened condition favorable to the retention and germination of the seed. Spread seed evenly at the rate of 6 pounds per acre. CONTRACTOR shall use Certified Weed -free seed. CONTRACTOR shall provide tags removed from mix seed to the CSFS. The BLM will furnish the seed mix. Temporary Road Construction Requirements: • Locate all temporary roads at least 100 feet from stream channels. • In addition, locate staging areas and refueling locations at least 100 feet away from streams and wetlands. • Provide cross drainage for temporary and reconstructed roads. • Design and space road drainage features to prevent erosion of treads, fills, and cut slopes and to trap sediment on slope. • Outslope roads, use rolling dips or roll the grade to provide drainage instead of using ditches and culverts where practical. DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD COLORADO STATE FOREST SERVICE COLORAOO STATE UNIVERSITY • Do not construct drainage to directly outlet into a stream. • Do not allow mechanized equipment to operate on saturated soils or on sustained grades exceeding 40 percent. • Construct temporary roads and other disturbed sites on stable slopes. Do not discharge fill into wetlands or streams. • Use pre-existing road prisms for temporary roads wherever possible, unless other options would produce less long-term sediment. • Remove or breach berms that concentrate runoff on the road, fill or slopes. • Following use, reclaim temporary roads and decommission roads (naturalized) by one or more of the following: o Subsoiling or ripping along the entire disturbed length (subsoil where vegetation is already established). Where available, pull slash into road. o Recontouring the road prism to the original land contours for the sight distance from the entry point or 150 feet, whichever is greater, as well as along steep slopes, areas adjacent to stream channels, and at stream crossings. o Revegetating the road prism and any disturbed ground associated with the road closure with native seed (or other mix approved by the BLM). o Reestablishing natural drainage patterns with permanent rolling dips. o Constructing access barriers using stumps, logs, trees, rocks, slash, or buck -and -rail fence. Any reconstruction of existing roads or construction of temporary roads shall subscribe to the following criteria: • Roads shall not follow fall line or be located in swale bottoms. • Road shall cross drainages at right angles. • Roads will typically have a sustained maximum grade of 8%. If short intervals of steep grades are necessary, CSFS shall provide other factors for consideration. • Minimize road cuts and fills with slopes typically of no more than 1.5:1 fill slope and 1:1 cut slopes, or as soil conditions warrant. If material conditions warrant (competent rock) steeper cut slopes may be allowed. CONTRACTOR will repair any damage to existing roads caused by the project as soon as practical. CSFS will approve all proposed road locations and any changes to existing road locations prior to any work commencing. The CONTRACTOR will follow CSFS Colorado Forest Road Field Handbook https://static.colostate.edu/client- files/csfs/pdfs/csfs-frst-rd-hndbk-www.pdf and the CSFS Forestry Best Management Practices to Protect Water Quality https://static.colostate.edu/client-files/csfs/pdfs/ForestrvBMP-CO-2010.pdf at all times. Once the sale is finished, CONTRACTOR will return any spur roads to their original condition or as described above. Use existing roads whenever possible. Locate, construct, and rehabilitate additional roads, skid trails, landings and decks required according to the Performance Standards set forth below. The CONTRACTOR will maintain all roads and skid trails in their original or upgraded condition. Take care to maintain drainage necessary to prevent erosion during construction or upgrading of roads and hauling products. The CONTRACTOR is responsible for any erosion problems that are the result of their operation on the subject property. Correct these problems immediately upon discovery or soon as conditions permit as determined by the Administering Forester. Prior to completion of this Agreement, CONTRACTOR must grade all roads utilized on property and Administering Forester will inspect drainage facilities for working condition. DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD COLORADO STATE FOREST SERVICE COLORAOO STATE UNIVERSITY B. Skid Trails and Landings: Administering Forester will approve all skid trails and landings in advance. Administering Forester may close skid trails and landings by water barring, seeding, scattering slash, or a combination of these treatments at their discretion. Administering Forester may require de -compaction of landings, temporary roads and skid trails, if necessary. The CONTRACTOR is responsible for any erosion problems that are the result of their operation on the subject property. Correct these problems immediately upon discovery or soon as conditions permit as determined by the Administering Forester. C. Stumps: CONTRACTOR must cut stumps at 12 inches or less as measured on the uphill side, unless rocks or other objects require a taller stump. D. Slash: • CONTRACTOR shall hand or machine pile slash for later burning by BLM employees. • Administering Forester will approve pile locations. • Locate piles entirely on BLM land. • Do not locate piles within 50 feet of power lines, private property lines or any other improvements. • Do not construct piles where they would cause significant damage to reserved trees during burning. • Administering Forester will approve any additional reserve trees for cutting in order to facilitate piling. • Keep slash piles clean, dirt free and tightly compacted • Slash piles shall be no larger than 25' x 25' x 25' and no smaller than 15' x 15' x 15' unless approved by the Administering Forester. • CONTRACTOR will be required to pile slash generated from their operations including cull logs, chunks, tops, limbs, branches, snags, damaged or destroyed reproduction • Existing slash greater than 12 inches in depth or blowdown trees not suitable for forest products shall be piled for burning. • Administering Forester may identify areas of lighter slash accumulations within units where CONTRACTOR may lop and scatter slash to a depth no greater than 12 inches • The CONTRACTOR must not burn slash piles. E. Harvest/Hauling Operations Time Restrictions: Operations shall only occur from 7:00 AM to 5:00 PM, Monday through Friday. No operations shall occur during major federal holidays. All or parts of operations may be limited or suspended by the Administering Forester for specified periods of time if operations would unduly cause disturbance to wildlife. This includes, but is not limited to, interference with normal critical big game wintering areas, calving or fawning areas and active raptor nesting areas. DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD COLORADO STATE FOREST SERVICE COLORAOO STATE UNIVERSITY F. Other Contract Requirements or Restrictions: • Noxious weed considerations include: o All equipment used on the sale area must be clean and free from noxious weeds prior to entering the sale area. The CSFS may require inspection of equipment prior to entering the sale area and mitigation if CSFS determines the possibility exists to spread noxious weeds. • CONTRACTOR shall remove any soil contaminated by loss of fuel, oil, grease, hydraulic fluid, coolant or other fluids and place in covered drums or other acceptable containers for proper disposal. • CONTRACTOR will provide necessary petroleum spill containment measures in operations plan. • CONTRACTOR will maintain a drug and alcohol free work environment on the subject property. • CONTRACTOR shall abide by Colorado State University's non-discrimination policy (https://oeo.colostate.edu/non-discrimination-statement/). • The CONTRACTOR will take all necessary precautions to prevent damage to improvements on the sale area. The CONTRACTOR will restore improvements to its original condition and bear all costs associated with the repair if damage occurs to any improvement. • The Administering Forester may suspend or limit the CONTRACTOR's harvest operation if excess damage is occurring due to mud, snow, et cetera, or due to the following situations: o Failure to make required payments o Theft of timber o Extreme fire danger o Other extreme, severe or excessive situations as deemed appropriate by the Administering Forester • The CONTRACTOR will provide trash containers on each landing of the sale area and keep trash picked up at all times and hauled from the site on a weekly basis. • The CONTRACTOR may not close any area roads for extended periods; however, the Administering Forester allows stopping traffic while clearing hazard trees if necessary to ensure public safety. • Leave the work site in a safe manner at the end of each day or when unattended. The CONTRACTOR will take all reasonable precautions to prevent injury to the public. Safely store all equipment with ignition keys removed, and trailer hitches locked. • The CONTRACTOR shall protect authorized roads and facilities, from damage by treatment operations. Facilities may include roads, fences, ditches, water transmission facilities and related structures; survey markers, monuments, underground natural gas lines, and their markers, and electric lines. Repair damage roads and facilities. • Prevent public motorized use of temporary roads during the duration of the project. • The red gate accessing the unit shall remain closed at all times. • CONTRACTOR shall provide and locate appropriate signage informing the public of "Log Trucks Hauling" and "Logging Operations" prior to the commencement of any work. Sign locations will be approved by the Administering Forester. DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD COLORADO STATE FOREST SERVICE COLORAOO STATE UNIVERSITY Performance Guarantee: The CONTRACTOR shall pay a performance bond equal to 10% of contract price to CSFS within 30 days contract execution. The bond shall be cash, certified check, certified bond from a qualified bonding company, or acceptable Letter of Credit reviewed and approved by the CSU Legal Department. The CSFS shall use the performance bond in part or in full for non-performance of any of the terms or conditions of this Contract and/or to correct deficiency in any work not completed to Agreement specifications. The CSFS may use the bond to cover expenses incurred to complete contract obligations, including re -bidding the entire project if necessary. The CSFS may hold the bond until July 15, 2023 or one year beyond the ending date of the Contract or any extension executed hereunder. This is to ensure that CSFS may complete a final closeout inspection when the ground is not snow-covered. CSFS will release any remaining bond balances to CONTRACTOR promptly upon satisfactory completion of this agreement. Damage Penalty Contractor shall protect residual trees to the maximum extent possible. The Contractor shall fell undesignated timber unnecessarily damaged by negligence or willfully cut and pay at current contract rates. In addition, CSFS will assess a fixed $20 penalty per tree if CONTRACTOR does not promptly take mitigation measures to address these damages. Contractor must pay within thirty (30) days of CSFS invoice. CSFS may also assess penalties for damages to soils, improvements or other elements of the forest stand. Determination of damage is at the sole discretion of the CSFS but can typically be described as basal damage in excess of 1/3 the circumference of the tree, broken tops and limbs greater than four (4) inches in diameter, unnecessary soil disturbance and excessive amounts of any and all of the above. Administering Forester may require utilization of damaged timber. The CONTRACTOR shall conduct all operations in a timely manner and in accordance with Appendix A - Plan of Operations, which shall be attached hereto and incorporated as set forth above, and shall take all necessary precautions to protect the remaining forest stand, soils, and any improvements. Threatened and Endangered Species Considerations CSFS knows of no threatened or endangered species present within the project area. If the CONTRACTOR should find evidence of threatened or endangered species, the CONTRACTOR should immediately contact the Administering Forester. Education/Discovery Stipulation If CONTRACTOR discovers any archaeological materials during operations, activity near the discovery will cease, and the CONTRACTOR will notify Administering Forester immediately. The Administering Forester will notify the BLM and instruct the CONTRACTOR on the appropriate mitigation actions to take. All persons associated with this agreement are subject to prosecution for knowingly disturbing archaeological sites or for collecting historical and paleontological artifacts. DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD COLORADO STATE FOREST SERVICE COLORAOO STATE UNIVERSITY DocuSign Envelope ID: 3DCCE15A-5F56-442D-A556-FF7E8A059ADD COLORADO STATE FOREST SERVICE COLORAOO STATE UNIVERSITY Appendix A Plan of Operations (To be prepared by CONTRACTOR prior to start of operations) As a minimum stress the Who, What, When, Where, etc. of the project. Consider: Normal operating Season or period Planned rate of cutting (volume/day, week, etc.) Planned rate of hauling (per day, per week, etc.) Number of falters Number of skidders Number of trucks hauling Equipment Used and Description Authorized Personnel Schedule of Operation by Sub -Unit and Date Methodology to progress through the treatment area Address any road or access issues.