2023-18 Wild trout Timber Sale Special Conditions -sample clean.pdf

RFP #2023-18 Wild Trout Timber Sale

Contract Special Conditions

1. Definitions:

“Areas of Operations” means the locations where Contractor performs the operations described in the Contract.

“County” means any duly authorized representative of Clackamas County. The Clackamas County Forester is a duly authorized representatives of Clackamas County for all purposes associated with this Contract.

“Contractor’s Authorized Representatives” means the representatives authorized by Contractor to receive any notice or instructions from the County on behalf of Contractor and to take any action required in regard to performance of Contractor under the Contract. Contractor’s Authorized Representatives are identified in the Operations Plan

“MBF” means thousand board feet, as normally defined in the forest industry.

“Operations” means all the activities conducted by Contractor under this Contract, including project work, logging, or post-harvest activities; or the furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire Contract. The Contractor shall meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

“Operations Plan” means the document by which Contractor notifies County of the plans and schedule for completing the operations described in the Contract. It also contains the names of the subcontractors, Contractor’s authorized representatives, and County’s Authorized Representatives.

“Permit” means any permit required by a federal, county, or local government agency before operations under this Contract may lawfully begin or continue including, but not limited to, an incidental take permit under the federal Endangered Species Act.

“Project Location” means the points or areas designated as such on Exhibit A and located on the ground by reference to points, stations, natural land features, improvements, or area boundary signs.

“Timber Harvest Area” means the area or areas designated as such on Exhibit A and located on the ground by reference to legal subdivisions, monuments, natural land features, improvements, or sale boundary signs. If there is a conflict between the exhibits and/or legal description and monuments, markings or boundary signs, then on-the-ground information shall control and apply.

“Designated Timber” means timber located within the Timber Harvest Area as marked on the ground and shown in Exhibit A.

“The County’s delivered contract price to a designated mill” means the agreed upon contract price, measured in price/mbf (1,000 board feet) and price/ton between the County and a designated mill for delivery of all or a portion of the timber harvested under this Contract.

“Work” means the furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the projects, duties, and obligations, including slash disposal, imposed on Contractor by this Contract.

2. Condition Precedent: the parties’ obligations under this Contract are subject to the express condition precedent that the Contractor demonstrate to the County that it has obtained all necessary State, Federal, and local approvals, permits, or other authorizations as may be required by law and necessary to allow harvest of the timber. Such authorizations include, but are not limited to, obtaining necessary approval from the Oregon Department of Forestry to harvest timber in the Timber Harvest Area. In the event Contractor does not obtain the necessary State, Federal, and local approvals, permits, or authorizations, under terms and conditions acceptable to County in its sole discretion, this Contract shall terminate and the parties shall have no further obligations to each other.

3. Site Conditions. County makes no representation, warranty, or guarantees as to the condition or suitability of the Timber Harvest Area. Contractor agrees to bear exclusive responsibility for, and to accept all risks associated with, the actual conditions on the Timber Harvest Area and Contractor’s computation of its bid for this Contract.

4. Examination of Locations and Conditions. It is understood that Contractor, before signing this Contract, has made a careful examination of all plans and specifications set forth in this Contract;

that Contractor has obtained full information as to the quality and quantity of materials and the character of the work required; and that Contractor has made a careful examination of the Timber Harvest Area and the location and conditions of work, including sources of supply for materials.

County is not responsible for any loss or cost that may be suffered by Contractor as a result of Contractor’s failure to be so informed, and Contractor acknowledges and agrees that it has not relied on any representation or statement, written or oral, of County in choosing to enter into this Contract.

5. Title to Timber. Provided all conditions to harvest of the timber have been satisfied, and provided Contractor is not in breach of this Contract, Contractor shall have the right to cut and remove Designated Timber from the Timber Harvest Area. Contractor’s right to remove Designated Timber shall automatically terminate upon Contractor’s default of this Contract, regardless of any cure period, unless County agrees, in writing, to permit Contractor to continue to remove Designated Timber.

The ownership of and title to Designated Timber shall pass to Contractor when Contractor pays County for the Designated Timber in accordance with this Contract. Any and all rights of Contractor to cut and remove the Designated Timber shall terminate and end at the time this Contract terminates. All rights, title, and interest of Contractor in and to the Designated Timber remaining in the Timber Harvest Area shall, at the time of termination of the Contract, automatically revert to and revest in the County, without compensation to Contractor.

6. Bond, and Time of the Essence. Contractor shall not commence work within the Timber Harvest Area until written notification has been received from County that all Contract requirements have been met. Contractor shall furnish to County a performance bond in the amount of $10% OF BID PRICE. Contractor shall complete all work under the Contract by June 30, 2020. The parties agree that time is of the essence in the performance of this Contract.

7. PAYMENT SCHEDULE: The successful Bidder will be paid in accordance with the following schedule. Logging progress payments will be made by the successful Bidder for Designated Timber removed under the Contract in a manner that maintains at all times a 20 percent reserve until the bid price is paid. Logging progress payments will be determined by scale reports as required in the executed contract, or as determined by the County Forester. Contractor shall pay for the Designated Timber in accordance with the following schedule:

a. $100,000 of the bid price must be paid upon execution of the Contract.

b. An additional $150,000 must be paid by June 30, 2023.

c. (50%) of bid price, including any logging progress payments, must be paid within 45 days after harvest of the Designated Timber begins.

d. An additional thirty percent (30%) of the bid price, including any logging progress payments, must be paid when 50% of the Designated Timber is harvested.

e. The total bid price based on delivered volumes of Designated Timber shall be paid with

45 days of the last load is shipped or by the County cruise if the sale is not completed by May 31, 2025.

Prices for Designated Timber are set forth in Exibit B, attached hereto and incorporated by this reference herein.

8. Permits, Licenses, and Safety. Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and the lawful prosecution of the work. In the performance of the work to be done under this contract, Contractor shall use every reasonable and practicable means to avoid damage to property and injury to persons.

9. Compliance with Laws, Regulations, and Orders. Contractor’s duty to comply with all laws, as set forth in the Contract, expressly includes, but is not limited to, Federal laws dealing with environmental issues such as the Clean Water Act, the Clean Air Act, the Endangered Species Act, the Federal Land Policy and Management Act, the National Environmental Policy Act and Oregon laws applicable to the subject matter of this Contract including the rules and regulations of the Oregon Forest Practices Act, Oregon State Board of Health and the Environmental Quality Commission relating to the protection of soil, air and water resources. If any act of Contractor results in the violation of any such law, Contractor shall be responsible for remedying the violation as follows: by paying any and all fines, penalties, or citations; by immediately stopping any act, or, when such violation is caused by failure to act, by immediately acting in a compliant manner and by returning the Country’s property to a status that is fully compliant with all applicable laws.

10. Materials and Improvements

a. Materials from County Property. Contractor shall not take, sell, use, remove, or otherwise dispose of any sand, gravel, rock, earth, or other material obtained or produced from within the limits of rights-of-way, gravel pits, rock quarries, or other property owned by or held by County, unless authorized by this Contract or written consent of County.

b. Materials and Improvements. Title to materials, improvements, and other property required of Contractor by this Contract, shall vest in and become the property of the County at the time such are furnished by Contractor and accepted by the County. Only materials, improvements, and property free and clear of liens, claims, and encumbrances shall be furnished by Contractor.

All existing improvements located on County land and any improvements placed on County land by Contractor which become the property of the County, including roads, shall be safeguarded by Contractor, and if injured or damaged by Contractor or by subcontractors, employees, or agents of Contractor, shall be repaired as soon as possible under existing conditions by Contractor, without cost to the County.

c. Removal of Equipment and Materials. Upon completion of the requirements of this Contract, Contractor shall promptly remove from the Timber Harvest Area and work location, and other property owned or controlled by County, all equipment, materials, and other property Contractor has placed or caused to be placed thereon that is not to become the property of County. It is agreed that any such equipment, materials, and other property that are not removed, shall become the property of County and may be used or otherwise disposed of by County without notice or obligation to Contractor or to any party to whom Contractor may attempt to transfer title. Nothing in this section shall be construed as relieving Contractor from an obligation to clean up and to burn, remove, or dispose of debris, waste materials, and such, in accordance with the provisions of this Contract. To the extent County experiences any cost from the cleanup or removal of any property left on the work site, Contractor shall be responsible for such costs and shall promptly pay County after receipt of an invoice for the same.

11. Violations, Suspensions, and Cancellation. In addition to all other remedies available to County under the Contract, at law, or equity, if Contractor violates any of the provisions of this Contract, County may, after giving written notice, suspend any further operations of Contractor under this Contract, except those operations necessary to remedy any violations.

If Contractor fails to remedy any violations of this Contract within 10 days after receipt of the suspension notice given under this section, County may, by written notice, cancel this Contract and take appropriate action to recover all damages and expenses suffered by County by reason of such violations, including application of any advance payments and any performance bonds toward payment of such damages.

If Contractor cuts or removes any of the timber under this Contract during any period of suspension, or if Contractor cuts any of the timber after the expiration of the time for cutting or the cancellation of this Contract, such cutting or removal shall be considered a willful trespass and render Contractor liable for treble damages in accordance with applicable Oregon law.

County shall have the authority to suspend the activities of Contractor, wholly or in part, under this Contract for such period or periods necessary due to fire hazard conditions or other severe weather occurrence.

12. Work Responsibility and Acceptance. Prior to the completion and final acceptance of work, Contractor shall be held responsible for, and shall correct any injury or damage to, the work or any part of the work, from any cause whatsoever.

County shall make final inspection of work done by Contractor within ten (10) calendar days after written notification is received by County from Contractor stating that the work is completed. Following inspection, County will notify Contractor of acceptance in writing. If the work is not acceptable to County, County shall advise Contractor in writing of the particular defects to be remedied before final acceptance by County can be made.

13. Inspection. County, through its authorized and designated representative, shall at all times be allowed access to all parts of the logging operations and work locations of Contractor, as may be required to make a complete and detailed inspection. County shall be furnished such information and assistance by Contractor, or the designated representative(s).

14. Operations Plan. Contractor shall prepare an Operations Plan for all operations to be conducted under this Contract and submit the plan to County at least five (5) calendar days prior to commencement of any work. This plan shall be prepared on a form provided by County and shall be used for all types of operations, including project work, logging, and post-harvest requirements. County may require an on-site meeting prior to approval of the Operations Plan, attended by Contractor, subcontractor, and County representatives. County’s approval of the Operations Plan must be obtained prior to commencement of any operation, and Contractor must comply with this plan. Contractor shall notify County whenever operations will be inactive for more than three days, and again when operations will be resumed.

Upon approval by County, the Operations Plan will automatically be incorporated into, and made part of, this Contract. Contractor’s strict compliance with the Operations Plan, as approved by County, is a material condition and covenant of this contract.

Any changes to the plan must have County prior approval in writing. Contractor shall comply with all provisions of the Operations Plan in accordance with the Oregon Forest Practices Act.

15. Timber Harvest Area

a. Timber Harvest Area. The Timber Harvest Area is located on Exhibit A of this

Contract. The taking of timber that is not Designated Timber, or the taking of timber or infliction of damage beyond the boundaries of the Timber Harvest Area shall constitute a trespass. Any trespass resulting from the acts or omissions of Contractor will be deemed a breach of this Contract. For said trespass and breach, Contractor shall pay the County the following damages:

i. Treble the County’s delivered contract price to a designated mill if Contractor’s acts or omissions are willful or intentional; or

ii. Double the County’s delivered contract price to a designated mill for each species involved in the trespass, if Contractor’s acts or omissions are not willful or intentional.

b. Designated Timber. The following is Designated Timber:

i. All trees within the Timber Harvest Area marked on the ground and shown in

Exhibit A are Designated Timber and shall be harvested except any trees behind riparian buffer boundaries as marked on the ground and shown in Exhibit A.

ii. Trees on County property but not within the Timber Harvest Area, and not marked as Designated Timber, shall not be harvested, unless instructed otherwise by the County.

c. Protection of Markings and Monuments. Contractor shall not remove, alter, damage, or destroy any signs, posters, markings, land survey corners, witness trees, or corner reference tags pertaining to the timber sale or land survey. Should such damage or disturbance occur, Contractor shall report it to County within 24 hours of the incident, and shall prevent any further damage or disturbance from occurring. Contractor shall be responsible for the re-establishment of legal subdivision markers or monuments damaged by Contractor’s activities. County may reestablish such markers or monuments and bill Contractor for the expense incurred.

In the event it is necessary to disturb any legal land survey corner in order to conduct any activity under this Contract, Contractor shall notify County. Contractor shall not disturb any corner until County has referenced or otherwise preserved the corner.

d. Simultaneous Use of Area. County reserves the right to issue written authorization to others to use the Timber Harvest Area or access roads provided that, in the determination of County, such use will not materially interfere with the operations of Contractor.

During the period of this Contract, County reserves the right to sell any products or materials from the Timber Harvest Area, provided that removal of the products or materials will not materially interfere with the operations of Contractor. Contractor shall not interfere with the use of roads by other authorized users.

16. Log Removal. All logs defined below shall be removed as Designated Timber under this Contract:

a. Any conifer log that conforms to grading rules for peeler or sawmill grades and meets or exceeds both of the following minimum requirements: five inches (5″) in gross scaling diameter, containing ten (10) board feet (net).

b. Any conifer log that meets the specifications of utility grade or special cull grade or buckskin logs that are at least 33% sound.

c. Any hardwood log containing ten or more (10) board feet.

d. All logs that do not make sawlog grade but are sound and chippable to make pulp logs.

For purposes of log removal requirements, minimum net log volume shall be determined by the net volume of the full log length rather than the volume of individual segments.

With County’s written consent, other logs may be removed from the Timber Harvest Area under this Contract.

Log grades are defined in the Official Log Scaling and Grading Rules published by the Northwest Log Rules Advisory Group in effect at the time logs are scaled.

Contractor shall not deliberately buck logs to reduce log sizes to less than minimum requirements for merchantable logs, and shall take reasonable precautions to prevent breakage losses in felling and yarding. Log lengths shall be adjusted to secure the most utilization of merchantable timber.

17. Log Accountability by Log Load Receipts. Contractor shall completely and accurately fill out all portions of a multipart, serially numbered log load receipt before each truck leaves the landing area. Contractor shall require the truck driver of each load of logs to sign the log load receipt.

Contractor shall staple the load receipt and scaler receipt parts to the load as instructed on the log load receipt directions and as directed by County. Contractor shall require the scaler to record the log load receipt number on the scale ticket that is signed by the scaler, and to attach the scaler’s receipt part to a copy of the scale ticket and mail to County on the date scaled.

County will issue Contractor sufficient books of serially numbered log load receipts to cover not over 30 days of operation, as determined by County. Contractor shall sign a receipt for each book of receipts and be fully accountable for all serially numbered woods and scaler receipts tickets.

Contractor shall retain all woods receipts in each book and return to County as soon as all receipts in each book have been used. Unused books or portions of books shall be returned to County during sale inactivity over 30 days, and at the completion of timber removal from the Timber Harvest Area.

Contractor shall account for each and every serially numbered log load receipt, and shall pay damages to County for all log load receipts not accounted for by proof of scaling. Damages shall consist of full stumpage rate for each missing receipt, on the basis of average volume of the ten

(10) largest loads of logs scaled from the sale area, charged at the highest species rate.

Contractor shall not intermingle County timber or logs designated by this contract with any other timber or logs before log scaling occurs, unless otherwise approved by County.

18. Log Measurement.

a. Scaling Locations, Rules, and Organizations. All logs from timber harvested under the terms and conditions of this Contract shall be:

i. Scaled at scaling locations approved by County;

ii. Scaled by a third-party scaling organization with a current agreement with County unless otherwise approved by County; and

iii. Scaled using the Official Log Scaling and Grading Rules (as adopted by the Northwest Log Rules Advisory Group) and County special service scaling instructions in effect at the time the logs are scaled. Utilization scale shall be handled in accordance with Section 21, Utilization Scale. Scaling of hardwood loads is required.

Contractor shall provide County with remote check scaling opportunities for logs scaled under this contract.

In the event scaling is suspended for any reason, hauling operations shall be immediately suspended until approved alternate scaling services are provided, or service by the scaling organization is resumed.

b. Cost of Scaling. All costs of scaling and all costs in connection with reports furnished and delivered to County shall be paid by County and/or mill as required.

c. Scaling Instructions. Contractor agrees that County will provide instructions to the approved third-party scaling organization for the scaling practices to be used for timber removed from the timber sale area. Instructions will conform to the terms of this

Contract, including special scales as necessary. Contractor shall acknowledge and sign such instructions and will receive a copy.

d. Logs Damaged During Handling. Mechanical damage to logs shall be prevented during log loading, unloading, and roll-out. Deductions for damage occurring during these operations will not be allowed.

e. Add Back Volume. Scaling deduction for deterioration due to abnormal delay in removal of logs from the sale area will not be allowed in determining net volume. Volume of material deteriorated due to delay in removal will be reported to County and paid for at the County’s delivered contract price to a designated mill. Cost for separate reports shall be paid by Contractor.

f. Conversion Factors. County may approve the use of appropriate conversion factors, sample scaling techniques, and measurement by weight when such methods are a more practical means to measure the timber and logs sold by this contract. Measurement for converting factors, random sample determination, and weighing of the products shall be done by an approved independent third party or County employee.

19. Log Branding. Every log removed from the timber sale area by Contractor shall be clearly branded using County Brand, CC 1, and painted with a minimum two inch (2″) diameter spot of HIGHLY VISIBLE GREEN paint, (supplied by Contractor, brand of paint approved by the County), unless otherwise approved in writing by County. Paint should be applied on both ends of the logs if possible. County may issue Contractor one or more branding hammers registered to County. Contractor shall use only those brands issued or approved by County for timber sold under this contract. Only those brands issued by County for use on timber sold under this contract shall be allowed on the sale area at any time.

When branding and painting of all logs is impractical because of the small size of the logs and number per load, County may give written authorization for use of a combination of brands and paint. In this case, at least half of the logs shall be branded, and all logs shall be painted with a minimum two inch (2″) diameter spot of HIGHLY VISIBLE GREEN paint.

In addition, Contractor shall brand and paint all logs left singly or in decks along rights of way, and shall brand and paint all logs yarded and left on landings after termination of operations each day. Contractor shall make every effort to remove logs from roads or landings within a reasonable period of time, and agrees to notify County in advance of intention to leave logs decked along roads or on landings for more than 96 hours. County may scale such decked logs, and Contractor shall be responsible for the costs of such scaling and for any loss due to theft or deterioration.

When the brand registered to County is issued, Contractor agrees to sign a receipt for those branding hammers and to return them in good condition within 14 calendar days of completion of log hauling. Contractor shall pay a fee of $50 to County for each branding hammer returned to County in damaged and unusable condition, or $100 for each branding hammer not returned within the time specified by County.

20. Hauling and Operating Time Restrictions. Hauling hours are limited to 5 AM to 9 PM and on weekdays only. Friday hauling must stop by 6 PM. Contractor shall not operate heavy trucks into or out from the sale area on weekends or County observed holidays. Vehicles operating loaded or unloaded through residential areas shall travel slowly and operate as quietly as reasonably possible, especially before 8 AM.

21. Route of Haul. Contractor shall furnish to County, at the time of making request for scaling approval, a map showing the scaling location and the precise route of haul which will be used to haul logs from the Timber Harvest Area to the scaling location. Such route of haul will be the most direct haul route between the two points, unless another route is approved by County. The route of haul may be changed only with advance notice to and approval by County.

Upon loading at the Timber Harvest Area, a log load shall be directly hauled to an approved scaling location, if required to be scaled. No storing of log loads for delayed delivery will be allowed, without prior approval from County.

22. Utilization Scale. Contractor shall maximize saw logs and minimize the amount of 10”+ logs that are sent for pulp. County shall scale logs or portions of logs that are broken, wasted, or not removed by Contractor due to:

a. Improper felling or bucking of the logs;

b. Failure to remove the logs prior to deterioration; or

c. Contractor shall pay for logs remaining on the sale area after completion of logging, provided the logs were merchantable prior to breakage or wastage, at the County’s delivered contract price to a designated mill. County shall notify Contractor of the volume of logs so scaled. Payment shall be considered due on such volume as if the logs were removed on the date of said notification.

In the event Contractor disagrees with the findings made by County under this section, Contractor may furnish scaling by a third-party scaling organization acceptable to County. Costs and expenses of such third party shall be paid for by Contractor, and the findings of the third party shall be final.

23. Special Products. Contractor shall not sell special products from the Timber Harvest Area, or allow firewood, shake, or post cutting, or any other special product manufacturing on the Timber Harvest Area without prior written approval of County. If County grants approval for special product manufacturing, Contractor shall make satisfactory arrangements for measurement of the products. Special products are any products not in log form manufactured from material having a price under the Contract.

24. New Road Construction. If the scope of Contractor’s work includes the construction of any road on the County’s property, Contractor shall design and construct the road in a manner that is consistent with logging industry standards and practices. In addition, Contractor shall ensure that all road design and construction includes a sufficient number of culverts in areas where drainage is necessary, and that the road design and construction does not result in an inappropriate amount of erosion or sediment so as to cause impacts on water quality. Contractor will bare all of the costs of building said roads including delivery and cost of any rock that is used.

25. Road Maintenance. Contractor’s responsibility for normal road maintenance commences with Contractor’s first use of a road for any activity under the contract. Contractor’s responsibility will continue through any active periods until final acceptance of the road maintenance for this sale is made by County. Contractor is responsible for all road maintenance on all roads from the gate at the junction with the paved Wildcat county road to the back of unit #2, as detailed in Exhibit A

Normal road maintenance is required for all other existing roads used for any activity under this Contract. A road which is constructed or reconstructed by Contractor shall assume the status of an existing road upon acceptance in writing by County.

Normal maintenance includes work needed to protect the road from seasonal weather damage, restore damage caused by road use, and safeguard soil, water, and drainage structures, as follows:

a. Contractor shall maintain the existing cross section of dirt or graveled roads by blading and shaping the surface and shoulders. Banks shall not be undercut. Established berms shall be maintained. Additional berms shall be placed where needed to protect fills.

County may require cross ditching on certain roads.

b. Contractor shall perform all cleanups including the removal of bank slough, minor slides, and fallen timber. This material shall be deposited at a location identified by County.

Contractor shall replace material eroded from fill slopes and clean out drainage ditches and culverts.

c. Contractor shall patch and place additional rock on gravel road surfaces as necessary to repair damage and restore the road, as requested or directed by the County.

d. Contractor shall remove brush or tree growth which encroaches on the road and develops during the contract period. Herbicides may be used only with written authorization of County.

While performing normal road maintenance work, Contractor shall not contaminate gravel or bituminous road surfaces by covering or mixing earth or debris from ditches, slides, or other sources. Contractor shall not blade any of the surface road material from the roads which includes when/if snow is plowed off the road.

While performing logging operations, Contractor shall minimize damage to ditches, cut banks, fill slopes, and road surfaces. Where damage does occur, Contractor shall restore the road to its original condition, as directed by County.

All roads in the sale area shall be kept free of obstructions and maintained in a condition that permits ongoing travel during the operation, unless otherwise approved by County.

Prior to any inactive periods, drainage systems on the roads and landings will be reestablished so that:

a. Exposed soil will not erode into waters of the State; and

b. Drainage water will not saturate fills.

During active periods, Contractor is responsible for maintenance needs that are caused by public use of the road and that can be accomplished under the terms of normal maintenance. Upon written approval from County, Contractor may restrict use of the roads by others. Measures may include signing, gating, or blocking off the road. Approval of measures by County does not relieve Contractor from normal maintenance responsibilities during active periods in the event that such measures do not restrict vehicular traffic.

Upon written acceptance of road maintenance at the end of the active period, Contractor will not be required to perform normal road maintenance during the inactive period. Upon resuming activity, Contractor shall resume maintenance.

26. Harvest Operations

a. Felling. Contractor shall comply with the following requirements for felling:

i. Fell all trees within the Timber Harvest Area as described in this Contract.

ii. Tractor skid roads and loader roads will be designated on the unit prior to any felling. All skid roads and landings shall be marked on the setting by Contractor and approved by County prior to any felling.

iii. Trees shall not be felled across the Timber Harvest Area boundaries, unless previously authorized in writing by County. Any trees that fall across sale boundaries shall be yarded back into the Timber Harvest Area prior to limbing or bucking

iv. Trees may not be felled or decked in any young reproductions areas adjacent to the harvest units. This includes a small one acre root rot rehab patch in the northeast corner of unit #1 close to the gate.

v. Trees will not be felled into the riparian stream buffers.

b. Protection of Soil. In the Timber Harvest Area, or portions thereof, where ground yarding has been approved in the Operations Plan, Contractor may use ground yarding equipment, cable systems, or a combination of these for yarding logs, subject to the following restrictions

i. Contractor’s logging plans will require approval of County before logging begins.

ii. When ground yarding is used, Contractor must use the type of ground yarding equipment as specified herein. However, Contractor must limit skid roads and trails used to ten percent (10%) or less of the ground yarded area and restrict equipment operations to these skid roads and trails.

iii. Pre-existing openings within the stand, existing skid roads and/or trails shall be used whenever possible; and soil disturbance, or construction of new skid roads and trails shall be limited to that necessary to log the area. Total area of soil disturbance of old and new skid roads and trails used shall not exceed ten percent (10%) of the ground yarded area.

iv. Ground yarding equipment shall not operate under conditions where soils are rutted or excavated to a depth of eight inches (8″) or more.

v. Ground yarding equipment shall not operate on slopes greater than 35%. Written approval may be granted for short distances on slopes exceeding 35% when, in the opinion of County, it would be unreasonable to yard by pulling line.

vi. Ground yarding will be permitted on haul roads, only when authorized by the County in writing.

vii. Prior to the beginning of felling operations, Contractor shall mark the locations, on the ground, of all major skid roads and skyline roads, subject to County approval. Felling shall be “to lead” to those marked trails and those trail locations adhered to, unless otherwise approved in writing by County.

viii. Cable logging (if used) will require at least one end suspension to minimize soil disturbance.

If the above conditions are not met by Contractor, County at its option reserves the right to require either or both of the following: (1) Suspend logging, require Contractor to mark skid trails and roads on the ground, and obtain prior approval before resuming yarding activities; or (2) Suspend yarding during portions of the year when soil moisture is critical as determined by the County.

Time lost while County exercises any of the above options shall be considered cause for contract extension.

c. Damage to Reserved Trees. Reserved trees are those trees in the Timber Harvest Area, or on adjoining County property, which are not to be cut by Contractor. If damage to reserve trees occurs and is determined unavoidable by County, or results from activities approved in the Operations Plan, then no charge will be made for damage.

If Contractor’s activities result in avoidable damage to reserved trees as determined by County, Contractor shall pay for such trees at the following rates:

i. The County’s delivered contract price to a designated mill when:

1. “Minor damage” to reserve trees occurs during the course of normal logging. Minor damage is defined as bark removed down to the cambium layer of a tree, such removal affecting at least twenty-four (24) square inches, but less than damage defined as “major damage.”

2. Trees must be cut in order to facilitate contract operations, or for safety around landings, as approved in writing by County.

ii. Double the County’s delivered contract price to a designated mill shall be paid when:

1. “Major damage” to reserved trees is caused by operations of Contractor.

Major damage is defined as bark removed down to the cambium layer over an area of the bole which has one dimension (height or circumference) greater than the diameter of the tree, or any visible bark removal on the tree roots.

2. Tree top is knocked out.

3. More than 50 % of live crown is removed.

County may direct damaged trees to be left. In that case, payment for damage to reserved trees will be reduced by single the contract value of such trees.

The payment for reserved trees shall not release Contractor from liability for other damage to the property of County.

If more than ten percent (10%) of the conifer reserved trees suffer “minor damage,” or if any conifer reserved trees suffer "major damage" as defined, County reserves the right to:

iii. Suspend felling and/or yarding until corrective measures have been agreed upon by County and Contractor.

iv. Require limitations on log length and/or the number of logs in each yarding turn.

v. Specify the size and type of equipment to be used.

vi. Receive appropriate compensation for County damages and remedy efforts, including staff time spent addressing the issue.

d. Damage to Reforested Areas. The nature of this timber harvest could result in considerable damage to existing reforested areas. Contractor and County shall jointly plan how logging will proceed and how extensive the damage to reforested areas will need to be. Contractor may be charged for damage outside that allowed in the logging plan at the rate of $9.00 per tree.

e. Fire Trails. No fire trails are required under this Contract.

f. Project Work. Contractor shall complete the projects described below in accordance with specifications provided and instructions from County. Project locations are shown on Exhibit A unless otherwise described. Contractor shall furnish all material unless otherwise specified.

27. Special Conditions

a. Tractor/Shovel Yarding. Tractor yarding shall not be used on slopes over 35% unless approved, in writing, by the County.

b. Yarding Equipment.

i. Tractor/Shovel Yarding Areas: Contractor will use a County approved, tracked shovels using machinery that is appropriate in size for the job. Tractors (skidders) may be used for skidding only with written County approval, which is revocable if in the sole opinion of the County, the skidders are causing excessive damage to county property.

ii. Wheeled Skidders: Wheeled skidders are not desired and may be used only with written County approval, which is revocable if in the sole opinion of County the skidders are causing excessive damage to County property.

c. Loading Equipment, Landing Location & Construction. A track-mounted hydraulic loader is necessary for loading trucks on this sale. Construction of landings is not desired, but if loading in the road the road needs to be rocked enough to keep it from breaking down into the subgrade. No loading will be allowed on the existing gravel road. A side out spur needs to be made in order to protect the main road.

d. Snag Felling, and Hardwood Tree Cutting. Contractor may only fell snags located on County property which are a direct safety threat to logging personnel or are required to be felled for fire protection or fire hazard reduction. County, at its option, may require Contractor to fall conifer or hardwood whips in the units.

e. Branding Hammers. If the County branding hammer is not returned in good usable condition, $50 will be deducted from the performance bond prior to returning the bond after complete compliance by Contractor with the terms and conditions of this contract.

f. Wood Cutting. No “firewood” cutting, “shake”, or “shake bolt” making will be allowed on County property by Contractor or their employees or sub-contractors. All logs, chunks of logs, or other material are County property.

g. Post-Harvest Requirements. Where operations by shovels are feasible Contractor shall loader or shovel pile all slash and brush following harvest activities. Piles shall be free of dirt and rock. To the degree reasonably possible, piles shall be few in number and tall so that they would burn well. Slash shall be piled as far from any reserved trees and any property lines as reasonably possible. Logs greater than 11 inches in diameter and longer than twelve feet long and to be left scattered in the unit on the ground for future wildlife purposes.

h. Other Uses of Contractor’s Equipment. County may require Contractor to do other work in the general area of the sale using equipment already on site. County shall pay Contractor at $145.00/hr. for full-sized excavators or loaders and shall pay $140.00/hr for wheeled and tracked tractors, inclusive of operators.

i. Road. Upon completion of the harvest unit, the Contractor shall then shape (grade) the haul roads and rocked spur roads. Temporary dirt spurs are to be decommissioned and water barred as directed by the County.

j. Weyerhaeuser road.

All necessary Weyerhaeuser road use permits shall be obtained by the contractor prior to work starting.