3.Willow IRSC Appendix B.doc

Willow Stewardship IRSC

APPENDIX B- TREE MEASUREMENT

STEWARDSHIP CONTRACT TIMBER REMOVAL SPECIFICATIONS

BT1.0 CONTRACT AREA

BT1.1 Contract Area Map

BT1.2 Claims

BT2.0 TIMBER SPECIFICATIONS

BT2.1 Included Timber

BT2.11 Standard Timber

BT2.12 Substandard Timber

BT2.13 Damaged Timber

BT2.131 Damaged by Contractor

BT2.13.2Negligent or Willful Damage

BT2.134 Minor Damage by Natural Causes

BT2.14 Unintentionally Cut Timber

BT2.15 Construction Timber

BT2.16 Other Material

BT2.2 Utilization and Removal of Included Timber

BT2.3 Timber Designations

BT2.31 Clearcutting Units

BT2 32 Construction Clearing

BT2.3.21 Road Clearings

BT2.322 Other Authorized Clearings

BT2.33 Overstory Removal Units

BT2.34 Understory Removal Units

BT2.35 Individual Trees

BT2.37 Designation Changes BT2.4 Quantity Estimate

BT3.0 RATES OF PAYMENT

BT3.1 Current Contract Rates

BT3.4 Other Payment Rates

BT3.41 Material and Quantities Not in Division AT

BT3.42 Timber Cut Through Mistake

BT3.43 Undesignated Timber Damaged Without Negligence

BT3.44 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut

BT3.45 Liquidated Damages

BT4.0 PAYMENTS

BT4.1 Amount Payable for Timber

BT4.2 Integrated Resource Account

BT4.215 Deposits When Payment Guaranteed

BT6.0 OPERATIONS

BT6.33 Safety

BT6.4 Conduct of Logging

BT6.41 Felling and Bucking

BT6.411 Felling in Clearings

BT6.412 Stump Heights

BT6.414 Limbing

BT6.42 Skidding and Yarding

BT6.421 Rigging

BT6.422 Landings and Skid Trails

BT6.423 Skidding on Roads

BT6.424 Arches and Dozer Blades

BT6.63 Temporary Roads

BT6.64 Landings

BT6.65 Skid Trails and Fire Lines

BT6.66 Current Operating Areas

BT6.67 Erosion Control Structure Maintenance

BT6.7 Slash Disposal

BT6.8 Measuring

**BT6.842 Product Identification

BT8.0 OTHER CONDITIONS

BT8.1 Title and Liability

BT8.11 Title Passage

BT8.12 Liability for Loss

BT8.5 Sale of Other Materials

SPECIAL CLAUSES

CT2.35# Designation of Timber, Cutting Unit Boundaries, and Subdivision/Payment Unit Boundaries (6/2012)

CT4.211 Temporary Reduction of Downpayment (08/2009) CT5.12# Use of Roads by Contractor (09/2004) CT6.22# Protection of Improvements (05/2008)

CT6.24# Site Specific Protection Measures (09/2004)

CT6.315# Sale Operations Schedule (08/2006)

CT6.331 Log Trucking (08/2006)

CT6.37 Substitute Methods (08/2006)

CT6.7# Slash Treatment (12/2006)

CT7.2# Specified Fire Precautions (6/2012)

CT7.22# Emergency Precautions (6/2012)

CT8.66# Use of Timber (Option 1) (9/04)

Division AT

Location and Area:

This Contract Area of 750 acres is more or less located in T.22N. R.13E., Sections 4 and 5. T.23N. R.13E., Sections 27, 29, 30, 31, 32 and 33. M.D.M.

Volume Estimate and Utilization Standards

Quantity * Unit of

Measure Minimum Specifications

Diameter Breast High (d.b.h.)

(inches) Number of Minimum Pieces per Tree Length (feet) Diameter Inside Bark at Small End (inches) Net Scale in % Gross Scale 1/

Timber Subject to Agreement

Total Quantity

2,727

1/ Enter Merchantability Factor (Merch. Factor) or Net Scale in % of Gross Scale, whichever is appropriate.

Timber Designations, acres are approximate:

Number

Acres

Clearcutting Units (B2.31)

Overstory Removal Units (B2.33)

Understory Removal Units (B2.34)

Designation by Description or Prescription (C2.351-C2.355)

High Stumps

(inches)

N/A

Roads

Class Approx.

Length (mi./km.)

Sheet Numbers and Approval Date Performance Responsibility

Staking1/

N/A

1/ Indicate timing, i.e., before clearing (BC) or after clearing (AC).

Specification sheets with itemized construction codes also attached

Schedule of Payment Units

Payment

Unit

Number Approx.

Acres To be Paid for at Flat Rates

Total

Flat

Rate

Payment

Total

Required

Deposits For Slash

Disposal $

Measure

1.00

CS

Cull Logs

114.00

3.50

CS

Cull Logs

5.50

CS

Cull Logs

2.00

CS

Cull Logs

2.50

CS

Cull Logs

1.50

CS

Cull Logs

4.50

CS

Cull Logs

3.00

CS

Cull Logs

APPLICABLE REGIONAL CLAUSES MAY BE ADDED

UNITED STATES DEPARTMENT OF AGRICULTURE

Forest Service

TIMBER REMOVAL SPECIFICATIONS

CLAUSES FOR TREE MEASUREMENT TIMBER REMOVAL CONTRACTS

(Applicable to Contracts to be Measured Before Felling) This Division is organized into Parts, Sections, Subsections, and Items. These are numbered in accordance with the following scheme: Part BTl.0, Section BTl.1, Subsection BTl.11, and Item BTl.111. References to a Part include all Sections, Subsections, and Items within that Part; references to a Section include all Subsections and Items within that Section; and references to a Subsection include all Items within that Subsection. Cross references within this contract cite the reference number of the applicable Division, Part, Section, Subsection, and Item. Descriptive headings used are not to be considered in determining the rights and obligations of the parties hereunder. The Standard Clauses in this Division are subject to Specific Conditions of the contract stated in Division AT. Wherever appropriate, Specific Conditions established in Division AT are herein cited by reference number. References to Standard Clauses also apply to Special CT Clauses with the same numbers. These clauses are applicable only to the timber removal portion of the Willow IRSC Stewardship Contract except where otherwise specifically referenced. “Timber” when used in this appendix includes timber and other products.

BT1.0—CONTRACT AREA

BT1.1 Contract Area Map. The boundaries of “Contract Area” and any Payment Unit thereof, are as shown on the attached “Contract Area Map” that is made a part hereof, and were, before contract solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of Contract Area and its approximate acreage are stated in Division A. Payment Units may be revised and additional ones may be established only by written agreement. Upon Contractor’s request, Forest Service shall subdivide Payment Units to reduce them to a size that can be logged within 60 days at Contractor’s normal rate of logging.

Where applicable, the following are also identified on Contract Area Map:

(a) Identified claims limiting Contractor’s rights under BT1.2.

(b) Payment Units where timber is to be Measured or Marked after date of contract solicitation and approximate location of sample Marked timber under BT2.36 and BT2.4.

(c) Boundaries of Clearcutting Units, Overstory Removal Units, and Understory Removal Units under BT2.3.

(d) Diameter limits for Overstory Removal Units and Understory Removal Units under BT2.33 and BT2.34.

(e) Areas where leave trees are Marked to be left un-cut under BT2.35.

(f) Specified Roads.

(g) Sources of base course, surface rock, and rock riprap listed in the Schedule of Items.

(h) Roads where log hauling or use is prohibited or restricted.

(i) Roads and trails to be kept open.

(j) Improvements to be protected.

(k) Locations of known wildlife or plant habitat and cave resources to be protected.

(l) Locations of areas known to be infested with specific invasive species of concern.

(m) Maximum stump heights when more than one height is listed by areas in Division AT under BT6.412.

(n) Skidding or yarding methods specified under BT6.42.

(o) Streamcourses to be protected.

(p) Locations of meadows requiring protection.

(q) Locations of wetlands requiring protection.

(r) Locations of temporary roads to be kept open; and

(s) Other features required by Division BT or CT.

BT1.2 Claims. Valid claims are excluded from Contract Area, except those on which timber cutting is authorized in writing by the claimant and except mining claims on which cutting is authorized by the Act of July 23, 1955 (30 USC 614). Claims that limit Contractor’s rights to operate under this contract and that Forest Service has been able to identify are shown on Contract Area Map. Contractor is not obligated to operate contrary to existing claim limitations. Forest Service shall designate boundaries of claims on the ground to the extent necessary to identify Included Timber.

BT2.0—TIMBER SPECIFICATIONS

BT2.1 Included Timber. “Included Timber” consists of:

BT2.11 Standard Timber. Live and dead trees and portions thereof that meet Utilization Standards under BT2.2 and are designated for cutting under BT2.3.

BT2.12 Substandard Timber. Live and dead trees that:

(a) Do not meet Utilization Standards and

(b) Are located in Clearcutting Units or construction clearings or are otherwise designated for cutting.

BT2.13 Damaged Timber.

BT2.131 Damaged by Contractor. Undesignated live trees meeting Utilization Standards:

(a) Within 200 feet slope distance from centerline of roads constructed hereunder that are damaged by Contractor’s construction to the extent that considerable deterioration or mortality is imminent and are designated by Forest Service for felling before the nearest road segment is Substantially Completed or

(b) That are damaged by Contractor in logging or stewardship project operations and are subsequently Marked before Contractor has completed work in the immediate area.

By agreement, such trees may be left without charge if their removal would cause undue damage or be grossly uneconomic.

BT2.132 Negligent or Willful Damage. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Contractor, if included by Contracting Officer.

BT2.134 Minor Damage by Natural Causes. Undesignated trees within Contract Area and meeting Utilization Standards, in amounts that become insect infested, windthrown, suffer serious damage, or die, as designated by agreement.

BT2.14 Unintentionally Cut Timber. Trees within or immediately adjacent to Contract Area or to road construction or other authorized clearing outside Contract Area, not designated for cutting under BT2.3 but that are cut through mistake by Contractor, when included by Contracting Officer.

BT2.15 Construction Timber. Trees to be used for construction under this contract.

BT2.16 Other Material. Species or products not listed in the contract, upon written approval of Forest Service.

BT2.2 Utilization and Removal of Included Timber. “Utilization Standards” for trees and minimum pieces are stated in Division AT. To meet minimum tree specifications, trees must equal or exceed tree diameters listed in Division A and contain at least one minimum piece. Except for timber required or authorized to be left, Contractor shall fell and buck such trees and shall remove from Contract Area all pieces that:

(a) Meet minimum piece standards in Division AT or

(b) Do not meet such standards but would have qualified as part of minimum pieces if bucking lengths were varied to include such material.

BT2.3 Timber Designations. Timber designated for cutting shall be confined to Contract Area, except as otherwise provided in BT2.131, BT2.14, BT2.15, and BT2.32. Contract Area Map indicates Payment Units, if any, where Marking under BT2.35 is to be done after contract advertisement, except for construction clearing under BT2.23, designation changes under BT2.37, and damaged timber. The boundaries of Clearcutting Units, Overstory Removal Units, and Understory Removal Units were plainly Marked on ground before contract advertisement and are shown on Contract Area Map. Boundary trees shall not be cut. Such units where Measuring is to be completed after date of contract advertisement are also shown. The number of units and approximate acreage of timber designations are stated in Division AT.

BT2.31 Clearcutting Units. All trees that meet Utilization Standards within “Clearcutting Units” are designated for cutting.

BT2.32 Construction Clearing. All timber is designated for cutting that is within the clearing limits of roads constructed hereunder or is in other authorized clearings. All dead or unstable live trees are designated for cutting that are sufficiently tall to reach Contractor’s landings, work areas, or the roadbed of Specified and Temporary Roads when Marked in advance of work in the immediate area. Pieces meeting Utilization Standards from such dead or unstable live trees shall be removed unless there is agreement that to do so could damage the road.

BT2.321 Specified Road Clearings. Timber within the clearing limits of Specified Roads is within separate Payment Units, as shown on Contract Area Map, and the quantities are in Division AT. These Payment Units are subject to revision, as specified in BT2.37. The quantities of dead or unstable trees designated outside the clearing limits are not included in Division AT.

BT2.322 Other Authorized Clearings. Timber within authorized clearings for Temporary Roads, landings, or other construction clearings is designated for cutting. Quantities of such timber are not included in Division AT.

BT2.33 Overstory Removal Units. All trees within “Overstory Removal Units” are designated for cutting when they meet Utilization Standards and equal or exceed the diameter limits shown on Contract Area Map.

BT2.34 Understory Removal Units. All trees within “Understory Removal Units” are designated for cutting when they meet Utilization Standards and are smaller than the diameter limits shown on Contract Area Map.

BT2.35 Individual Trees. All trees to be cut, other than in the units described in BT2.31, BT2.32, BT2.33, and BT2.34, are Marked or designated by description. Trees are “Marked” when individually designated by Forest Service with paint marks above and below stump height. Contract Area Map indicates areas plainly identified on the ground where leave trees are Marked to be left uncut.

BT2.37 Designation Changes. Within Contract Area, minor adjustments may be made in boundaries of cutting units or in the timber individually Marked for cutting when acceptable to Contractor and Forest Service.

BT2.4 Quantity Estimate. The estimated quantities of timber by species designated for cutting under BT2.3 and expected to be cut under Utilization Standards are listed in Division AT. Estimated quantity in Division AT does not include the following:

(a) Damaged timber under BT2.13.

(b) Unintentionally cut timber under BT2.14.

(c) Construction timber under BT2.15 cut outside of Payment Units and removed from construction use for utilization by Contractor.

(d) Timber within clearing limits of Temporary Roads or other authorized clearings and that is not designated under BT2.31, BT2.33, BT2.34, or BT2.35; or

(e) Dead or unstable live trees that are sufficiently tall to reach Contractor’s landings, work areas, or the roadbed of Specified Roads under BT2.32.

Estimated quantities for such timber not included in Division AT shall be determined as stated herein.

If Contract Area Map shows Payment Units where Marking or Measuring is to be completed after date of con-tract advertisement, the objective of Forest Service shall be to designate for cutting in such Payment Units sufficient timber so that Contract Area shall yield the approximate estimated quantities by species or species groups stated in Division AT. However, the estimated quantities stated in Division AT are not to be construed as guarantees or limitations of the timber quantities to be designated for cutting under the terms of this contract.

BT3.0—RATES OF PAYMENT

BT3.1 Current Contract Rates. Included Timber that is Released for Cutting shall be paid for at Current Contract Rates determined under this Section. “Current Contract Rates” shall be Flat Rates. Flat Rates shall be those listed in Division AT or B2 of the Schedule of Items. In the event contract time is adjusted, Current Contract Rates shall be continued in the same manner as immediately prior to the adjustment period.

BT3.4 Other Payment Rates.

BT3.41 Material and Quantities Not in Division AT. Incidental amounts of products or portions of trees of species that do not meet Utilization Standards may be removed without charge. Such material may be purposely removed in more than incidental amounts without charge upon written approval of Contracting Officer, and subject to agreement on deposits if needed for road maintenance and use. Other species or products not listed may be cut and removed upon written approval of Contracting Officer and subject to agreement on rates of payment. Timber for which the quantity is not included in the estimate, shall be paid for at Current Contract Rates and Required Deposits.

BT3.42 Timber Cut Through Mistake. Undesignated timber meeting Utilization Standards, cut by Contractor through mistake and included by Contracting Officer under BT2.14, shall be removed and paid for at Current Contract Rates and Required Deposits, unless such material is not listed in Division AT. In such event, Contracting Officer, in accord with standard Forest Service methods, shall establish rates to be paid.

BT3.44 Undesignated Timber Damaged Without Negligence. Undesignated timber meeting Utilization Standards, damaged without negligence by Contractor and designated by Forest Service under BT2.131, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits.

BT3.45 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Contractor, if included by Forest Service under BT2.132, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits that are in addition to liquidated damages under BT3.46. If such timber is of a species or size not listed in Division AT or is of a quality different from designated timber, Contracting Officer shall establish payment rates in accord with standard Forest Service methods.

BT3.46 Liquidated Damages. Unnecessary damage to or negligent or willful cutting of undesignated timber, as described in BT3.45, on portions of Contract Area cut over under this contract is likely to cause substantial silvicultural or other damage to the National Forest. It will be difficult, if not impossible, to determine the amount of such damage. Therefore, Contractor shall pay as fixed, agreed, and liquidated damages an amount equivalent to the amount payable at Current Contract Rates. If designated by Contracting Officer, Contractor shall remove such dam-aged or cut timber and pay for it at Current Contract Rates.

BT4.0—PAYMENTS

BT4.1 Amount Payable for Timber. Except as provided in BT3.1, Current Contract Rates and Required Deposits in effect when a Payment Unit is Released for Cutting shall be applied to the timber quantities to determine the amount Contractor shall pay. A “Payment Unit” is a portion of Contract Area established for payment purposes.

BT4.2 Integrated Resource Account. “Integrated Resource Account” is an account maintained by Forest Service of all Contractor’s deposits, credits, payment guarantees, and the charges for:

(a) Timber at Current Contract Rates.

(b) Slash disposal and road maintenance at Required Deposit rates.

(c) Stewardship Credits established; and

(e) Other charges provided in this contract.

Cash deposits and Stewardship Credits earned shall be recorded currently in such account.

Charges for timber cut shall be made when Forest Service prepares and furnishes to Contractor periodic statements of volume and value of such timber cut and Scaled. Charges against Stewardship Credits shall be limited to timber value more than Required Deposits. Required Deposits and Other Charges shall be paid in cash.

Contractor shall make cash deposits to meet Contractor’s obligations within 15 days of billing by the Forest Service. Deposits shall be made to Forest Service, USDA, by mail or delivery to the address shown on the bill for collection.

BT4.215 Deposits When Payment Guaranteed. To the extent payment guarantee is provided under Clause entitled, “PRODUCT PAYMENT GUARANTEE” requirements for advance cash deposits shall be waived for the value of Product on contract area that is cut, but not removed, and for the value of Products removed from contract area, up to limit of remaining stewardship credits to be earned and exchanged for value of included product except for Required Deposits and Associated Charges. Associated charges shall be waived for not more than one monthly billing period.

BT6.0—OPERATIONS

BT6.33 Safety. Contractor’s Operations shall facilitate Forest Service’s safe and practical inspection of Contractor’s Operations and conduct of other official duties on Contract Area. Contractor has all responsibility for compliance with safety requirements for Contractor's employees.

In the event that Contracting Officer identifies a conflict between the requirements of this contract or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract shall be modified and Contractor may request an adjustment in Current Contract Rates to compensate for the changed conditions.

Unless otherwise agreed in writing, when Contractor’s Operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install, and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with Contractor’s Operations. Contractor and Forest Ser-vice shall agree to a specific Traffic Control Plan for each individual project prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Except as otherwise agreed, flagmen and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) and as shown on Plans, Contract Area Map, Traffic Control Plan, or in specifications attached hereto.

BT6.4 Conduct of Logging. Unless otherwise specifically provided herein, Contractor shall fell trees designated for cutting and shall remove the portions that meet Utilization Standards, as provided in BT2.2, prior to acceptance of Payment Unit for completion of logging. Forest Service may make exceptions for occasional trees inadvertently not cut or trees or pieces not removed for good reason, including possible damage to forest resources or gross economic impracticability at the time of removal of other timber. Logging shall be conducted in accordance with the following, unless other clauses set forth requirements to meet special or unusual logging conditions:

BT6.41 Felling and Bucking. Felling shall be done to minimize breakage of Included Timber and damage to residual timber. Unless agreed otherwise, felling shall be done by saws or shears. Bucking shall be done to permit removal of all minimum pieces set forth in Division AT. Contractor may buck out cull material when necessary to produce pieces meeting Utilization Standards. Such bucked out material shall contain a minimum amount of sound wood, not in excess of the net Measure in percentage of gross Measure, or based on the merchantability factor, whichever is stated in Division AT. If necessary to assess extent of defect, Contractor shall make sample saw cuts or wedges.

BT6.411 Felling in Clearings. Insofar as ground conditions, tree lean, and shape of clearings permit, trees shall be felled so that their tops do not extend outside Clearcutting Units, construction clearings, and areas of regeneration cutting.

BT6.412 Stump Heights. Stumps shall not exceed, on the side adjacent to the highest ground, the maximum heights set forth in Division AT except that occasional stumps of greater heights are acceptable when Contractor determines that they are necessary for safe and efficient conduct of logging. Unless otherwise agreed, Contractor shall re-cut high stumps so they will not exceed heights specified in Division AT and shall dispose of severed portions in the same manner as other logging debris. The stump heights shown in Division AT were selected with the objective of maximum reasonable utilization of the timber, unless Contract Area Map shows special areas where stump heights are lower for aesthetic, land treatment, or silvicultural reasons.

BT6.414 Limbing. When Forest Service determines it is necessary to minimize damage to the residual stand during skidding, Contractor shall cut exposed limbs from products prior to skidding. Contractor may leave un-cut those limbs that cannot be cut with reasonable safety.

BT6.42 Skidding and Yarding. Methods of skidding or yarding specified for particular areas, if any, are indicated on Contract Area Map. Outside Clearcutting Units and construction clearings, insofar as ground conditions permit, products shall not be skidded against reserve trees or groups of reproduction and tractors shall be equipped with a winch to facilitate skidding.

BT6.421 Rigging. Insofar as practicable, needed rigging shall be slung on stumps or trees designated for cutting.

BT6.422 Landings and Skid Trails. Location of all landings, tractor roads, and skid trails shall be agreed upon prior to their construction. The cleared or excavated size of landings shall not exceed that needed for efficient skidding and loading operations.

BT6.433 Skidding on Roads. Products may be skidded on permanent roads authorized for hauling only by prior written agreement.

BT6.424 Arches and Dozer Blades. Skidding tractors equipped with pull-type arches or dozer blades wider than tractor width or C-frame width, whichever is greater, shall not be used in residual timber outside Clearcutting Units and other authorized clearings, except on constructed tractor roads or landings, unless there is written agreement that residual timber will not be damaged materially by such use.

BT6.63 Temporary Roads. As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, Contractor shall employ such measures as out-sloping, drainage dips, and water-spreading ditches.

After a Temporary Road has served Contractor’s purpose, Contractor shall give notice to Forest Service and shall remove bridges and culverts, eliminate ditches, out-slope roadbed, remove ruts and berms, effectively block the road to normal vehicular traffic where feasible under existing terrain conditions, and build cross ditches and water bars, as staked or otherwise marked on the ground by Forest Service. When bridges and culverts are removed, associated fills shall also be removed to the extent necessary to permit normal maximum flow of water.

BT6.64 Landings. After landings have served Contractor’s purpose, Contractor shall ditch and slope them to permit water to drain or spread. Unless agreed otherwise, cut and fill banks around landings shall be sloped to remove overhangs and otherwise minimize erosion.

BT6.65 Skid Trails and Fire Lines. Contractor shall construct cross ditches and water-spreading ditches on tractor roads and skid trails, where staked or otherwise marked on the ground by Forest Service. Forest Service shall designate cross ditching on Contractor-built fire lines prior to or during construction. By agreement, Contractor may use other comparable erosion control measures, such as backblading skid trails, in lieu of cross ditching.

BT6.66 Current Operating Areas. Where logging, road construction, or other stewardship project work is in progress but not completed, unless agreed otherwise, Contractor shall, before operations cease annually, remove all temporary log culverts and construct temporary cross drains, drainage ditches, dips, berms, culverts, or other facilities needed to control erosion.

Such protection shall be provided, prior to end of June 1st – October 31st for all disturbed, unprotected ground that is not to be disturbed further prior to end of operations each year, including roads and associated fills, tractor roads, skid trails, and fire lines. When weather permits operations during November 1st – May 31st Contractor shall keep such work on any additional disturbed areas as up to date as practicable.

BT6.67 Erosion Control Structure Maintenance. During the period of this contract, Contractor shall provide maintenance of soil erosion control structures con-structed by Contractor until they become stabilized, but not for more than 1 year after their construction. Contractor shall not be responsible for repair of such structures damaged by other National Forest users whose activities are not a part of Contractor’s Operations.

BT6.7 Slash Disposal. Contractor’s timing of product removal and preparatory work shall not unnecessarily delay slash disposal. Specific slash disposal measures to be employed by Contractor are stated elsewhere herein and are in addition to Required Deposits for slash disposal.

BT6.8 Measuring. “Measuring” is the estimation of timber quantities using certain dimensions and applicable volume tables or formulae to determine the contents of trees or stands in a standard manner. Sampling may be on an individual tree or area basis. Examples of standard procedures are tree measurement, sample tree measurement, and area estimate. The quantity of timber designated or to be designated for cutting has been or shall be Measured, as specified in this contract

BT6.842 Product Identification. For contracts west of the 100th meridian, before removal from Contract Area, unless Contracting Officer determines that circumstances warrant a written waiver or adjustment, Contractor shall:

(a) Hammer brand all products that are eight (8) feet or more in length and one-third (1/3) or more sound, on each end that is seven (7) inches or more in diameter.

(b) West of the 100th meridian, paint with a spot of highway-yellow paint all domestic processing products that are eight (8) feet or more in length and one-third (1/3) or more sound, on each end that is seven (7) inches or more in diameter. Each paint spot must be not less than three (3) square inches in size.

Contracting Officer shall assign brands and, if Contract Area is within a State that maintains a log brand register, brands shall be registered with the State. Contractor shall use assigned brand exclusively on logs from this contract until Contracting Officer releases brand. Contractor will furnish and apply highway-yellow paint of a lasting quality (oil-base or equivalent).

All hammer brands and/or highway-yellow paint must remain on logs until they are domestically processed. Contractor shall replace identifying marks if they are lost, re-moved, or become unreadable. Contractor may remanufacture products into different log lengths. Except for logs remanufactured as part of the mill in-feed process immediately before processing, remanufactured products must be rebranded with the assigned contract brand and repainted with highway-yellow paint, unless otherwise agreed to in writing by Contracting Officer. For such remanufactured products, Contracting Officer may approve use of a brand to be used exclusively as a catch brand, in lieu of the assigned contract brand.

BT8.0—OTHER CONDITIONS

BT8.1 Title and Liability.

BT8.11 Title Passage. All right, title, and interest in and to any Included Timber shall remain in Forest Service until it has been Measured, removed from Contract Area or other authorized cutting area, and paid for, at which time title shall vest in Contractor. Timber cut under the terms of clause Product Payment Guarantee, shall be considered to have been paid for. Title to any Included Timber that has been Measured and paid for, but not removed from Contract Area or other authorized cutting area by Contractor on or prior to contract termination, shall remain in Forest Service.

BT8.12 Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by Contractor, unless Contractor is prevented from removing such timber for reasons by the Forest Service. Deterioration or loss of value of salvage timber is not an unexpected event.

In the event Included Timber to which Forest Service holds title is destroyed, Contractor will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates.

There shall be no obligation for Forest Service to supply, or for Contractor to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.

BT8.5 Sale of Other Materials. Forest Service reserves the right to sell from Contract Area during the period of this contract any materials or products not subject to its terms, but shall not permit removal, possession, or use thereof that will materially interfere with Contractor’s Operations. Contractor shall not be obligated to do any work made necessary by the action of others.

CT2.35# - DESIGNATION of Timber, Cutting Unit Boundaries, and Subdivision/PAYMENT UNIT Boundaries (6/2012) Trees are designated for cutting under BT2.35 only if designated as shown in the Timber Designation table below. The boundaries of Subdivisions/Payment Units and Cutting Units are designated as shown in the Boundary Designation table below. Trees used for boundary designation are not to be cut.

SPECIFICATIONS PURSUANT TO CT2.35# - DESIGNATION OF TIMBER, CUTTING UNIT BOUNDARIES, AND SUBDIVISION/PAYMENT UNIT BOUNDARIES

Timber Designation Table

Cutting Unit/

Subdivision/Area/Payment Unit

N/A

Designation by Spacing CT2.351#

N/A

Designation by Species and Diameter, CT2.352#

N/A

Designation by Damage Class, CT2.353#

N/A

Designation by Row Spacing, CT2.354#

Subdivision/Payment Unit and Cutting Unit Boundary Designation Table

CT4.211 – TEMPORARY REDUCTION IN DOWNPAYMENT. (8/09) Notwithstanding BT4.211 , upon the Contractor’s written request Forest Service may temporarily reduce the downpayment when Contractor’s scheduled operations are delayed or interrupted for 30 or more consecutive days, or the contract term is extended for 30 or more consecutive days for any of the following reasons:

(1) Forest Service requests or orders Contractor to delay or interrupt operations for reasons other than breach;

(2) Contractor interrupts or delays scheduled operations to work on a sale designated by the Forest Service as in urgent need of harvesting; or

(3) An adjustment of the contract term authorized upon a determination of substantial overriding public interest, including a market-related contract term addition, or an urgent removal contract term extension under 36 CFR 223.53.

When Contractor is not cutting or removing timber under contract during a qualifying period of delay, interruption, or extension listed above the downpayment may be reduced to $1000 or 2 percent of the downpayment amount stated in the contract, whichever is greater. The Contractor must restore the downpayment to the full amount stated in the contract within 15 days from receipt of the bill for collection and written notice from the Contracting Officer that the basis for temporarily reducing the downpayment no longer exists. Contractor shall not cut or remove timber on a contract where the downpayment has been temporarily reduced until the downpayment amount stated in the contract is fully restored.

CT5.12# – USE OF ROADS BY CONTRACTOR. (9/04) Contractor’s use of existing roads identified on Contract Area Map by the following codes is prohibited or subject to restrictive limitations, unless agreed otherwise:

Code

Use Limitations

X

Hauling prohibited

R

Hauling restricted

U

Unsuitable for hauling prior to completion of agreed reconstruction

P

Use prohibited

A

Public use restriction

W

Regulation waiver

Roads coded A will be signed by Forest Service to inform the public of use restrictions. Contractor’s use of roads coded R, A, or W shall be in accordance with the following restrictions:

Restricted Road List

Road

Number

Legend Description of

Restrictions

CT6.22# - PROTECTION OF IMPROVEMENTS. (5/2008) Contractor shall notify Forest Service at least 15 days prior to any operations in the vicinity of improvements identified on Contract Area Map. Contractor shall protect such improvements from damage and shall be responsible for their timely restoration if damaged by Contractor's Operations. If relocation or removal of said improvements is necessary to avoid foreseeable damage by Contractor's Operations, work and cost shall be borne by the party listed in the table below. If Contractor is required to move or relocate the improvements, they shall move or relocate the improvements listed in the following table to locations and in a manner as specified in drawings or in specifications attached hereto. Improvements shall be returned to their original locations following Contractor’s Operations.

See table below for improvements to be protected.

SPECIFICATIONS PURSUANT TO CT6.22# – PROTECTION OF IMPROVEMENTS.

Borne by

Livestock Fence

15 days

CT6.24 – SITE SPECIFIC SPECIAL PROTECTION MEASURES. (9/04) Special protection measures needed to protect known areas identified on Contract Area Map or on the ground include: 1/

Cultural Resource Protection Measures: Boundary sites are designated with red/black stripe flagging (may fade to orange/black after time). Site locations are recorded on the Heritage Resource Map, 3 of 3 of the Contract Area Map (CAM). All sites will be avoided by all project operations unless consulted by District Archeologist.

Wildlife and Botanical Protection Measures: For the protection of aquatic species; at any approved water drafting site (see CAM), the use of a FGM 5161 or similar foot valve with opening less than 2mm will be required. Additionally, the foot valve shall be placed in the deepest section of the water source on a shovel, or plastic/canvas bucket after the site has been inspected for frogs or their eggs. Report and protect all wildlife guzzlers. Locations are in and around subdivisions and near haul roads, see CAM for locations.

Botanical Protection Measures: Boundary sites are identified with blue/black stripe flagging. All sites will be avoided by Contractor’s operations unless consulted by District Botanist. Noxious weeds are designated with orange and black Noxious Weeds” flagging and shall be avoided by all contractors’ operations, refer to CAM for Noxious Weed locations.

CT6.315# - PROJECT OPERATIONS SCHEDULE. (12/2006) Unless otherwise agreed in writing, Contractor’s Operations shall be performed in accordance with the following schedule:

SCHEDULE PURSUANT TO CT6.315# - PROJECT OPERATIONS SCHEDULE (12/2006)

Subdivision/

Area/Unit

Temporary Road

See Contract Area Map

CT6.331 - LOG TRUCKING. (8/2006) To promote safe operations on National Forest roads and on Specified Roads, loads shall be safely secured before trucks move from the landing or loading location.

CT6.37 - SUBSTITUTE METHODS. (8/2006) Notwithstanding other provisions herein, for minor changes such as changes in logging systems for areas smaller than 5 acres, Contractor and Forest Service may agree in writing that use of substitute methods or equipment will achieve Forest Service objectives under this contract and may be used in lieu of those specified for Contractor's Operations.

CT6.7# - SLASH TREATMENT. (12/2006) Contractor shall pile, scatter, yard, construct firelines or otherwise treat slash defined in specifications below, within designated areas. Work required of Contractor shall be in accordance with the following slash plan and specifications, and the Contract Area Map.

All vegetative debris associated with construction of Specified Roads such as unutilized timber, brush and grubbed stumps is Construction Slash. Measures to be taken by Contractor for treatment of Construction Slash are set forth in the attached road construction specifications and in the attached slash treatment specifications.

Vegetative debris larger than 1 inch in diameter outside bark and 3 feet long resulting from Contractor's Operations, other than Construction Slash, is Logging Slash. Measures to be taken by Contractor for treatment of Logging Slash are set forth below unless otherwise agreed in writing.

Forest Service and Contractor shall jointly develop a schedule for completion of slash treatment on the various portions of Project Area prior to Contractor's Operations.

Removing may be substituted for treatment of any other specified method.

By agreement in writing, certain slash may be left for fuelwood. When the specified treatment is by a combination of methods, Logging Slash not treated by one of the methods shall be treated by the other(s).

See the slash treatment specification table below.

SPECIFICATIONS PURSUANT TO CT6.7# - SLASH TREATMENT (12/2006)

Specified slash treatment methods shall be shown on Contract Area Map or listed in the following tables by the following symbols:

Slash Treatment Methods

PILING SPECIFICATIONS. All piles shall be reasonably compact and free of soil to facilitate burning and shall be constructed of such size and at such distance from trees so that burning shall not result in unnecessary damage to residual timber. Such Logging Slash shall be bucked into lengths not exceeding ten feet prior to piling. Maximum width of tractor, with brush rake attached, shall not exceed 144 inches. Machine Piling is not required on areas where use of tractors would cause undue damage to residual timber or where slopes exceed 35 percent. Piles shall be located a distance of at least twice their height in feet from the outer edge of tree crowns or snags. Piles shall be no less than four feet in height or greater than 15 feet in height. Material extending three feet or more outside the edge of a pile shall be trimmed. An eight foot fuelbreak shall be cleared of all but fine material around each Machine Pile and an 18 inch wide fireline shall be cleared to mineral soil around the outer ring of the fuelbreak. For hand piles, Contractor shall construct a fireline cleared to mineral soil and at least 3 feet wide around each pile. In areas where there is a potential for burning material to roll, firelines, including those for Machine Piles, shall be trenched on the downhill side of each pile to adequately prevent material from crossing firelines. Trenches shall be constructed by hand unless otherwise agreed.

LANDINGS AND DISPOSAL SITES. Unutilized logs accumulated at landings and disposal sites shall be Decked by Contractor for disposal by Forest Service. The maximum height of decks is shown in the following table. Other slash accumulated at landings and disposal sites shall be kept separate from unutilized logs and treated by the method shown in the following table.

SLASH TREATMENT

Landings

CT7.2# - SPECIFIED FIRE PRECAUTIONS. (06/2012)

Contractor or a designated Contractor’s Representative shall certify compliance with specific Timber Sale Contract and California Public Resources Code (CPRC) fire precautionary measures in BT7.1 Plans, CT7.2# and CT7.22#. Certification shall be provided prior to starting operations during Fire Precautionary Period and shall be updated as needed.

Listing of specific fire precautionary measures in the following subsections is not intended to relieve Contractor in any way from compliance with State fire laws covering fire prevention and suppression equipment applicable to Contractor’s Operations.

Upon request of Forest Service, Contractor shall permit and assist in periodic testing and inspection of required fire equipment.

The following definitions shall apply to CT7.2# and CT7.22#:

Active Landing: A location Contractor is skidding logs into, or performing other operations such as delimbing, log manufacturing, and chipping logs. Except for EV and E days, loading logs or stockpiled chips only on a cleared landing does not constitute an Active Landing.

Hot Saw: A harvesting system that employs a high-speed (>1100 rpm) rotating felling head (i.e., full rotation lateral tilt head).

Mechanical Operations: The process of felling, skidding, chipping, shredding, piling, log processing and/or yarding which requires the use of motorized power which includes, chainsaws, chippers, motorized carriages, masticators, stroke delimbers, skidders etc.

Specific equipment requirements and fire precautionary measures are shown in the following table and in CT7.22#:

A.

Fire Tools and Equipment Contractor shall meet applicable parts of Section 4428 of the CPRC.

Unless agreed otherwise, Fire tools kept at each Active Landing shall be sufficient to equip all employees in the felling, yarding, loading, chipping, and material processing operations associated with each landing. Fire equipment shall include two tractor headlights for each tractor dozer used in Contractor’s Operations. Tractor headlights shall be attachable to each tractor and served by an adequate power source. Fire tools shall be kept in a sealed fire tool box adjacent to the Active Landing and readily accessible in event of fire.

Where cable yarding is used, Contractor shall provide a size 0 or larger shovel with an overall length of not less than 46 inches and a serviceable 5 gallon backpack pump filled with water or a fire extinguisher bearing a label showing at least a 4-A rating must be within 25 feet of each tail and corner block.

Trucks, tractors/skidders, pickups and other similar mobile equipment shall be equipped with and carry at all times a size 0 or larger shovel with an overall length of not less than 46 inches and a 2-1/2 pound axe or larger with an overall length of not less than 28 inches.

All required fire tools shall be maintained in suitable and serviceable condition for fire fighting purposes.

B.

Fire Extinguishers Contractor shall equip each internal combustion yarder, fuel truck, and loader with a (4-A:60-B:C) fire extinguisher for oil and grease fires.

Skidders and tractors shall be equipped with a minimum 5-BC fire extinguisher.

Fire…