s100051_08_Appendix_B_amend_01.pdf

Amendment No. 01, dated 7/23/2010 AG-03R6-S-10-0051 South Fork Fish Creek Stewardship IRSC / Lolo NF Appendix B, Page 1 of 31

LOLO NATIONAL FOREST

SOUTH FORK FISH CREEK STEWARDSHIP IRSC

APPENDIX B

STEWARDSHIP CONTRACT TIMBER REMOVAL

SPECIFICATIONS

Appendix B, Page 2 of 31

APPENDIX B

STEWARDSHIP CONTRACT TIMBER REMOVAL SPECIFICATIONS

GENERAL INSTRUCTIONS; The following is a complete list of standard clauses that maybe used for the IRSC scaled contract. Eliminate all those that do not apply. As an example; if there is no sample load scaling needed for the contract, eliminate G.8.5.1 Scaling Lost Sample Loads from the list and remove the clause.

CLAUSES MARKED WITH AN ‘*’ ARE MANDATORY AND MAY NOT BE DELETED. The clause marked with “**” is mandatory for forests west of the 100th meridian.

*B.0 CONTRACT AREA

*B.1 Contract Area Map *B.2 Claims

*C.0 TIMBER SPECIFICATIONS

*C.1 Included Timber *C.1.1 Standard Timber *C.1.2 Substandard Timber *C.1.3 Damaged Timber *C.1.3.1 Damaged by Contractor *C.1.3.2 Negligent or Willful Damage *C.1.3.4 Minor Damage by Natural Causes *C.1.4 Unintentionally Cut Timber C.1.5 Construction Timber *C.1.6 Other Material *C.2 Utilization and Removal of Included Timber *C.3 Timber Designations C.3.1 Clearcutting Units C.3.2 Construction Clearing *C.3.2.2 Other Authorized Clearings C.3.3 Overstory Removal Units C.3.4 Understory Removal Units C.3.5 Individual Trees *C.3.7 Minor Changes *C.4 Volume Estimate

*D.0 RATES OF PAYMENT

*D.1 Current Contract Rates *D.4 Other Payment Rates *D.4.1 Material and Quantities Not in Division A *D.4.2 Timber Cut Through Mistake *D.4.2.1 Designated Timber Cut But Not Removed *D.4.3 Undesignated Timber Damaged Without Negligence *D.4.4 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut *D.4.5 Liquidated Damages *D.4.7 Defect Caused by Abnormal Delay

*E.0 PAYMENTS

*E.1 Amount Payable for Timber *E.2 Integrated Resource Account

*G.0 OPERATIONS

*G.4 Conduct of Logging *G.4.1 Felling and Bucking *G.4.1.1 Felling in Clearings *G.4.1.2 Stump Heights *G.4.1.3 Limbing *G.4.2 Skidding and Yarding G.4.2.1 Rigging *G.4.2.2 Landings and Skid Trails *G.4.2.3 Skidding on Roads G.4.2.4 Arches and Dozer Blades *G.6.3 Temporary Roads *G.6.4 Landings *G.6.5 Skid Trails and Fire Lines *G.6.6 Current Operating Areas *G.6.7 Erosion Control Structure Maintenance *G.7 Slash Disposal *G.8 Scaling *G.8.1 Scaling Services *G.8.1.1Sclaing Location *G.8.1.2 Scaling Adjustments

*G.8.1.3 Delayed or Interrupted Scaling Services *G.8.1.4 Weighing Services *G.8.2 Presentation for Scaling *G.8.3 Scaling Other Products *G.8.4 Accountability *G.8.4.1 Route of Haul **G.8.4.2 Product Identification G.8.5 Scaling Lost Products G.8.5.1 Scaling Lost Sample Loads G.8.6 Scale Reports

I.0 OTHER CONDITIONS

*I.1 Title and Liability *I.1.1 Title Passage *I.1.2 Liability for Loss *I.5 Sale of Other Materials

THE FOLLOWING IS A COMPLETE LIST OF WO K

CLAUSES THAT CAN BE USED FOR THE IRSC. LIST

ONLY WO OR REGIONAL K CLAUSES THAT ARE

DEEMED APPLICABLE AND NOT IN CONFLICT

WITH SECTIONS IN PART I.

K-C.1.1# Timber Subject to Agreement (09/04) K-C.2# Utilization and Removal of Included Products K-C.3.5.8# Individual Trees (Leave Tree Marking) (4/03) K-C.3.5.9# Individual Trees (Cut Tree Marking) (2/09) K-C.3.8# Species Designation (2/09) K-F.3.2# Road Maintenance Deposit Schedule (9/04) K-G.2.7# Noxious Weed Treatment (3/07) K-G.2.7# Noxious Weed Treatment – Technical Spraying Specifications Lolo National Forest

K-G.3.1.6# Limited Operating Period (5/05) G.3.3 Logging and Maintenance Operations Signing Standards K-G.3.3.2 Safety (Timber Hauling) (10/04) K-G.3.3.9 Accident and Injury Notification (4/05) K-G.4# Conduct of Logging (10/82) K-G.4.0.6# Site Condition (10/01) K-G.4.1.2# Treatment of Stumps (7/07) K-G.6.0.1# Erosion Control Seeding (3/07) K-G.6.3.3# Temporary Road, Skid Trail/Skid Road and Landing Scarification (2/02) K-G.6.6.1 Current Operating Areas (10/04) K-G.7 Hazard Reduction and Site Preparation Plan K-G.7.1 Change in Slash Treatments (3/90) K-G.8.2.2.# Presentation for Weight Scaling (3/07) K-G.8.2.3 Volume Determination (10/04) K-G.8.4.0 Weight Accountability (10/04) K-G.8.4.8 Weight Accountability for Split Pricing (10/04) K-G.8.4.9 Route of Haul (10/04) K-I.6.8# Use of Timber (Option 1) (09/04)

Appendix B, Page 3 of 31

Division A Location and Area:

This Contract Area of 3832 acres more or less is located in: Section(s), Township(s), Range(s): T13N, R24W Sec. 33, PB48; T12N, R25W Sec. 15, PB43, PB42, PB41; T12N, R24W, Sec. 4, 5, 7 - 10, 15 - 18, 22;

PMM Mineral County

A.2 Volume Estimate and Utilization Standards

Species Group Product Estimated Quantity *

Unit of Measure

Minimum Specifications Merchantable Tree Piece Required to be Removed

Diameter Breast High

(d.b.h.)

(inches)

Number of

Minimum Pieces per Tree

Minimum Length (feet)

Diameter Inside

Bark at Small End

(inches) 1/ Saw-log material (mandatory) lodgepole pine Saw Timber 5296 Ton 6.0 1 8.0 4.6 10.67 Douglas-fir ponderosa pine western larch grand-fir

Saw Timber Saw Timber Saw Timber Saw Timber

19707

Ton Ton Ton Ton

7.0 7.0 7.0 7.0

8.0 8.0 8.0 8.0

5.6 5.6 5.6 5.6

10.67 10.67 10.67 10.67

Non-saw material lodgepole pine Non-saw 2143 Ton 5.0 1 16 3.0 50% Douglas-fir and other Non-saw

Ton

6.0

4.0

50%

Timber Subject to Agreement Douglas-fir and other Non-saw Unestimated Ton 6.0 1 16 4.0 50% lodgepole Pine Non-saw Unestimated Ton 5.0 1 16 3.0 50%

Total Quantity 32,136 1/ Enter Merchantability Factor (Merch. Factor) or Net Scale in % of Gross Scale, whichever is appropriate.

A.3 Timber Designations, acres are approximate:

Number Acres

Clearcutting Units (C.3.1) Overstory Removal Units (C.3.3) Understory Removal Units (C.3.4) Individual Trees (C.3.5) 657 Incompletely Measured (C.3) Designation by Description or Prescription (K-C.3)

A.6 High Stumps

Appendix B, Page 4 of 31

Species Product Maximum Stump Height

All All 12

A.7 Roads Name and Date of Governing Road Specifications: N/A

Project Design Class

Approx.

Length

(mi./km.)

Sheet Numbers and

Approval Date

Performance Responsibility

Survey Design Const.

Staking1/ Road No. Name

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

Specification sheets with itemized construction codes also attached

A.9 Scaling Instructions and Specifications Name and Date of Governing Instructions: National Forest Log Scaling Handbook, FSH 2409.11a 5/22/91 as Amended and Supplemented. Governing instructions for products contained in K provisions as follows:

K-G.8.2.2#, K-G.8.4.0, K-G.8.2.3, K-G.8.4.8, K-G.8.4.9

Scaling Specifications

Species Product

Maximum Scaling Length (feet)

Trim Allowance Diameter

Range (inches)

Length Range (feet)

Trim Allowance

All All 40 All All 6

A.10 Scaling services

Unit of Measure Site and Geographic Location Method

Standard Estimated

Cost per Unit

Ton Approved Locations with State Certified Weight Scales Weight Scale N/A

Appendix B, Page 5 of 31

APPLICABLE REGIONAL CLAUSES MAY BE ADDED

UNITED STATES DEPARTMENT OF AGRICULTURE

Forest Service

TIMBER REMOVAL SPECIFICATIONS

CLAUSES FOR SCALED TIMBER REMOVAL CONTRACTS

(Applicable to Contracts to be Measured after Felling)

This Division is organized into Parts, Sections, Subsections, and Items. These are numbered in accordance with the following scheme: Part Bl.0, Section Bl.1, Subsection Bl.11, and Item Bl.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 A.

Wherever appropriate, Specific Conditions established in Division A are herein cited by reference number.

References to Standard Clauses also apply to Special K Clauses with the same numbers. These clauses are applicable only to the timber removal portion of the South Fork Fish Creek Stewardship Contract except where otherwise specifically referenced.

B.0—CONTRACT AREA

B.1 Contract Area Map. The boundaries of “Contract Area” and any subdivision thereof are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before advertisement, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Contract Area and its approximate acreage are stated in Division A. Contract Area may be revised and additional ones may be established only by written agreement. Where applicable, the following are also identified on Contract Area Map:

(a) Identified claims limiting Contractor's rights;

(b) Subdivisions defined where timber is to be Measured or Marked after date of advertisement;

(c) Boundaries of cutting units;

(d) Areas where leave trees are marked to be left uncut;

(e) Roads listed

(f) Sources of base course, rock riprap and surface rock;

(g) Roads where log hauling is prohibited or restricted;

(h) Roads and trails to be kept open;

(i) Improvements to be protected;

(j) Locations of known historical sites;

(k) Maximum stump heights when more than one height is listed by areas;

(l) Skidding or yarding methods specified;

(m) Streamcourses to be protected; and

(n) Other features required by Parts A through K.

B.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.

Appendix B, Page 6 of 31

C.0—TIMBER SPECIFICATIONS

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

C.1.1 Standard Timber. Live and dead trees and portions thereof that meet Utilization Standards and are designated for cutting.

C.1.2 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.

C.1.3 Damaged Timber.

C.1.3.1 Damaged by Contractor. Undesignated live trees meeting Utilization Standards (a) within 200 feet slope distance from centerline of roads constructed hereunder which 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) which are damaged by Contractor in logging and are subsequently Marked before Contractor has completed skidding or yarding operations in the immediate area. By agreement, such trees may be left without charge if their removal would cause undue damage or be grossly uneconomic.

C.1.3.2 Negligent or Willful Damage. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Contractor, if included by Forest Service.

C.1.3.4 Minor Damage by Natural Causes. Undesignated trees within Contract Area and meeting Utilization Standards, that become insect infested, windthrown, suffer serious damage, or die, as designated by agreement.

C.1.4 Unintentionally Cut Timber. Live trees, within or immediately adjacent to Contract Area or to road construction or other authorized clearing outside Contract Area, not designated for cutting but that are cut through mistake by Contractor, when included by Forest Service.

C.1.5 Construction Timber. Trees to be used for construction under this contract.

C.1.6 Other Material. Species or products not listed in the contract, upon written approval of Forest Service.

C.2 Utilization and Removal of Included Timber. “Utilization Standards” for trees and minimum pieces are stated in Division A. 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 A 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.

C.3 Timber Designations. Timber designated for cutting shall be confined to Contract Area, except as otherwise provided. Contract Area Map indicates subdivisions, if any, where Marking is to be done after advertisement, except for construction clearing, minor changes, and damaged timber. The boundaries of cutting units were plainly marked on ground before advertisement and are shown on Contract Area Map. The number of units and approximate acreage of timber designations are stated in Division A.

C.3.1 Clearcutting Units. All trees that meet Utilization Standards within “Clearcutting Units” are designated for cutting.

Appendix B, Page 7 of 31

C.3.2 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 un-stable live trees shall be removed, unless there is agreement that to do so could damage the road. Such designation may be revised as part of agreed changes in road locations.

C.3.2.2 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 A.

C.3.3 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.

C.3.4 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.

C.3.5 Individual Trees. All trees to be cut, other than in the units described in C.3.1, C.3.2, C.3.3, and C.3.4, 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.

C.37 Minor 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.

C.4 Volume Estimate. The estimated volumes of timber by species designated for cutting and expected to be cut under Utilization Standards are listed in Division A. The estimated volumes stated are not to be construed as guarantees or limitations of the timber volumes to be designated for cutting under the terms of this contract.

D.0—RATES OF PAYMENT

D.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 and 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.

D.4 Other Payment Rates.

D.4.1 Material and Quantities Not in Division A. Incidental amounts of products or portions of trees of species that do not meet Utilization Standards may be removed without charge. Such material from Clearcutting Units and construction clearings may be purposely removed in more than incidental amounts without charge subject to agreement on deposits for road maintenance and use. Such material from other than Clearcutting Units and construction clearings 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, upon written approval of Contracting Officer, be cut and removed without charge other than Required Deposits established by agreement. Timber for which the quantity is not included in the estimate, shall be paid for at Current Contract Rates and Required Deposits.

D.4.2 Timber Cut Through Mistake. Undesignated timber meeting Utilization Standards, cut by Contractor through mistake and included by the Forest Service, shall be removed and paid for at Current Contract Rates, unless such material is not listed. In such event, Forest Service, in accord with standard Forest Service methods, shall establish rates to be paid.

Appendix B, Page 8 of 31

D.4.2.1 Designated Timber Cut But Not Removed. Standard timber shall be removed prior to acceptance of a Payment Unit for completion of logging. There shall be no charge when (a) leaving the incidental material is justified under existing conditions, or (b) Cut timber is left by option or requirement.

D.4.3 Undesignated Timber Damaged Without Negligence. Undesignated timber meeting Utilization Standards, damaged without negligence by Contractor and designated by Forest Service, shall be cut, removed, and paid for at Current Contract Rates.

D.4.4 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 shall be cut, removed, and paid for at Current Contract Rates that are in addition to liquidated damages. If such timber is of a species or size not listed in Division A or is of a quality different from designated timber, Contracting Officer shall establish payment rates in accord with standard Forest Service methods.

D.4.5 Liquidated Damages. Unnecessary damage to or negligent or willful cutting of undesignated timber, 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 the Forest Service, Contractor shall remove such damaged timber.

D.4.7 Defect Caused by Abnormal Delay. Scaling deductions made for rot, check, or other defect resulting from abnormal delay in Scaling caused by Contractor shall be recorded separately and charged to Integrated Resource Account at Current Contract Rates and applicable deposits.

E.0—PAYMENTS

E.1 Amount Payable for Timber. Current Contract Rates and Required Deposits in effect when the timber is Scaled shall be applied to the Scaled volume to determine the amount Contractor shall pay.

E.2 Integrated Resource Account. “Integrated Resource Account” is an account 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) Cooperative work at rates established by specific agreement,

(d) Other charges provided in this contract.

Cash deposits and Stewardship Credits 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 quantity and value of such timber. Charges against Stewardship Credits shall be limited to timber value in excess of Base Rates and Required Deposits.

G.0—OPERATIONS

G.4 Conduct of Logging. Unless otherwise specifically provided herein, Contractor shall fell trees designated for cutting and shall remove the portions which meet Utilization Standards, except 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:

G.4.1 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 A. Contractor may buck out cull material when necessary to produce pieces meeting Utilization Standards. Such bucked out material shall contain a minimum amount of

Appendix B, Page 9 of 31 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 A. If necessary to assess extent of defect, Contractor shall make sample saw cuts or wedges.

G.4.1.1 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 construction clearings and areas of regeneration cutting.

G.4.1.2 Stump Heights. Stumps shall not exceed, on the side adjacent to the highest ground, the maximum heights set forth in Division A, except that occasional stumps of greater heights shall be acceptable when necessary for safe and efficient conduct of logging. Except for acceptable high stumps stated above, Contractor shall re-cut high stumps so they will not exceed heights specified in Division A and shall dispose of severed portions in the same manner as other logging debris or as otherwise agreed. The stump heights shown in Division A 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.

G.4.1.3 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 uncut those limbs that cannot be cut with reasonable safety.

G.4.2 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.

G.4.2.1 Rigging. Insofar as practicable, needed rigging shall be slung on stumps or trees designated for cutting.

G.4.2.2 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.

G.4.2.3 Skidding on Roads. Products may be skidded on permanent roads authorized for hauling only by prior written agreement.

G.4.2.4 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.

G.6.3 Temporary Roads. As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, Contractor shall employ such measures as outsloping, 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, outslope 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.

G.6.4 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.

G.6.5 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

Appendix B, Page 10 of 31 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.

G.6.6 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 March 31st and October 15th each year 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 October 15th – November 30th, inclusive; March 31st – July 15th Contractor shall keep such work on any additional disturbed areas as up to date as practicable.

G.6.7 Erosion Control Structure Maintenance. During the period of this contract, Contractor shall provide maintenance of soil erosion control structures constructed 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.

G.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 in K-G.7 and are in addition to Required Deposits for slash disposal.

G.8 Scaling. “Scaling,” as used herein, involves:

(a) Various volume determination methods, such as log rule, sampling, measuring, linear measuring, counting, weighing, or another method or combination of methods;

(b) Various sites, such as truck Scaling stations, rollways, weighing stations, woods landings, water Scaling stations, or other sites; and

(c) Various geographic locations.

G.8.1 Scaling Services. Scaling services shall be performed by Forest Service personnel or parties under contract to Forest Service, except that weighing services may be performed by personnel or parties approved by Forest Service. Scaling shall be provided in accordance with the instructions and specifications in Division A. Scalers shall be currently certified to perform accurate Scaling services. The Scaling services provided shall be selected exclusively by Forest Service. Scaling services may be Continuous, Intermittent, or Extended. “Continuous Scaling Services” is Scaling at one site five (5) 8-hour shifts a week, exclusive of Sundays and Federal holidays.

“Intermittent Scaling Services” are non-continuous Scaling services. “Extended Scaling Services” are Scaling services exceeding Continuous Scaling Services and may include Sundays and designated Federal holidays. Upon written request of Contractor and approval of Contracting Officer, Forest Service may provide other services, such as but not limited to grading, tagging, or marking of Scaled logs.

G.8.1.1 Scaling Location. Forest Service shall provide Scaling services at the Scaling site(s) shown in Division A. The Scaling site(s) shown in Division A normally will be a non-exclusive site where more than one National Forest contractor may be served. Contractor may request, in writing, an alternate Scaling site, such as at a private mill yard, private truck ramp, or a privately operated log transfer facility. Contracting Officer may approve an alternate Scaling site, when Contracting Officer determines that Scaling conditions at an alternate site are acceptable. Such conditions shall include at a minimum: (a) Scaler safety and comfort, (b) Product accountability and security, (c) Facilities and practices conducive to accurate and independent Scaling, and (d) The ability to provide for remote check Scaling. Upon approval of an alternate Scaling site, Forest Service and Contractor shall enter into a written memorandum of agreement governing Scaling at that alternate location. Contractor agrees that Forest Service personnel or persons under contract with Forest Service shall perform Scaling services at an alternative Scaling site. In no instance shall Contractor or employees of Contractor perform Scaling services.

Appendix B, Page 11 of 31

G.8.1.2 Scaling Adjustments. Forest Service shall check the accuracy of the Scaling performed on National Forest logs. Scaling will be satisfactory if performed within the accuracy standards stated in governing instructions identified in Division A. In the event Forest Service check Scale(s) shows a variance in net Scale in excess of the allowable variance, an adjustment to volume reported Scaled may be made by Forest Service. Such adjustment will be based on the difference between Forest Service check Scale(s) and original Scale for contract volume Scaled within the adjustment period. The volume to which this difference will be applied will be: (a) One-half of the volume Scaled between the last satisfactory check Scale and the first unsatisfactory check Scale or, if a period of 120 days or more occurs without Scaling National Forest timber for stumpage, the adjustment will be applied to 100 percent of the volume Scaled after this period and (b) 100 percent of the volume Scaled between unsatisfactory check Scales and (c) One-half of the volume Scaled between the last unsatisfactory check Scale and the next satisfactory check Scale, or if no satisfactory check Scale is completed and a period of 120 days or more occurs without Scaling of National Forest timber for stumpage, the adjustment will be applied to 100 percent of the volume Scaled since the last unsatisfactory check Scale. Adjustments may increase or decrease the original Scaled volume. Adjustments will be applied to Integrated Re-source Account to correct charges for Included Timber, plus deposits, Scaled during the adjustment period.

G.8.1.3 Delayed or Interrupted Scaling Services. In the event Scaling services are delayed or interrupted, Contractor shall discontinue hauling. Contractor further agrees that no logs will be presented for Scaling outside agreed upon Scaling services schedule.

G.8.1.4 Weighing Services. Weighing services for stumpage payment purposes may be provided by either public or privately owned and operated weighing facilities. A “Weighing Services Agreement,” approved by the Forest Supervisor, must be executed at each weighing facility providing weighing services. Scales used to weigh National Forest products for payment purposes must be a currently certified scale in accordance with State law and be capable of weighing the entire load of logs in a single operation. The weighing of less than the entire load or weighing two loads at once is prohibited. Unless otherwise agreed, the minimum sized weighing facility shall be a 60-ton capacity scale with a 10 foot by 70 foot platform or larger. The weighmaster must work in a position where it is possible to verify that the truck wheels are on or off the scales.

Weighing facilities shall meet the following minimum requirements:

(a) Be an electronic design,

(b) Use electronic load cells or have a fully enclosed and sealed weigh-beam,

(c) Have digital weight meters sealed with a seal approved by the State,

(d) Have a zero interlocking device on the printer,

(e) Have an automatic zero-setting mechanism,

(f) Have an automatic motion-detecting device,

(g) Be shielded against radio or electromagnetic interference, and

(h) Have a date and time stamp and gross and tare weights that print electronically with each weighing.

Contracting Officer may waive electronic printing for public or third party weighing facilities.

Contractor shall bear all charges or fees for weighing services.

G.8.2 Presentation for Scaling. Contractor shall present products so that they may be Scaled in an economical and safe manner. If prior to Scaling, Included Timber is to be mixed with other timber, Contractor shall, prior to mixing, provide for distinguishing, by means approved by Forest Service, each product included in this contract.

Trees or pieces presented for Scaling that have not been bucked to separate material meeting minimum piece standards from material not meeting minimum piece standards due to diameter, shall be Scaled as though such bucking had been done.

Deductions made for rot, check, or other defects resulting from abnormal delay in Scaling caused by Contractor shall be recorded separately and charged to Integrated Resource Account under D.4.7.

Any timber that has been removed from Contract Area during the period of this contract, but remains unscaled after contract termination, shall be Scaled at the earliest reasonable date.

Appendix B, Page 12 of 31

G.8.3 Scaling Other Products. The Scaled volume of material presented for Scaling in forms other than those stated in A.2, when appropriate, shall be converted to the A.2 unit of measure by the application of standard converting factors and procedures in effect at the time the contract was sold. Other converting factors may be used by written agreement.

G.8.4 Accountability. (This standard clause was removed and replaced with Region 1 clause K-G.8.4.0 – Weight Accountability)

G.8.4.1 Route of Haul. (This standard clause was removed and replaced with Region 1 clause K-G.8.4.9 Route of Haul)

G.8.4.2 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 shall 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, removed, 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.

G.8.5 Scaling Lost Products. Inapplicable. (See K-G.8.2.3 – Volume Determination)

G.8.5.1 Scaling Lost Sample Loads. Inapplicable.

G.8.6 Scale Reports. Forest Service shall provide Contractor a copy of Forest Service scaler’s record, if requested in writing.

I.0—OTHER CONDITIONS

I.1 Title and Liability.

I.1.1 Title Passage. All right, title, and interest in and to any Included Timber shall remain in Forest Service until it has been cut, 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 clauseTimber Payment Guarantee, Section G of Part I, shall be considered to be paid for. Title to any Included Timber that has been cut, scaled 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.

Appendix B, Page 13 of 31

I.1.2 Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of the 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 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 said 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.

I.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 which will materially interfere with Contractor's Operations. Contractor shall not be obligated to do any work made necessary by the action of others.

Appendix B, Page 14 of 31

K-C.1.1# – TIMBER SUBJECT TO AGREEMENT. (9/04) In addition, there is within Contract Area an unestimated quantity of:

Species Product Douglas-fir Non-saw

Lodgepole Pine Non-saw that shall be Included Timber upon written agreement.

K-C.2# - UTILIZATION AND REMOVAL OF INCLUDED PRODUCTS. (4/03) Unless otherwise agreed in writing, or as specified in K-C.2.1.1# - Optional Removal of Non-sawtimber Products, Contractor is required to pay for and remove the following products described in A.2 of the contract:

Sawtimber is the boles of trees meeting Sawtimber Product specifications as listed in A.2 of the contract.

Non-sawtimber is the boles of trees meeting Non-sawtimber Product specifications as listed in A.2 of the contract, but that do not meet the minimum piece specifications for Sawtimber Products. Non-sawtimber removal is only required in Cutting Units 7, 2T, 2S, 3S, 26T, 14 and 26S. Only the volume of non-sawtimber in the cutting units listed above is included in the estimated volume shown in A.2. If the Contractor and the Forest Service agree to remove non-sawtimber from cutting units other than those listed above this non-sawtimber must be measured and paid for at the rates shown in the Schedule of Items.

K-C.3.5.8# - INDIVIDUAL TREES (LEAVE TREE MARKING). (2/09) In Units: 19, 19A, 20, 21, 22, 23, 26S and 26T trees (live and dead) meeting minimum merchantable tree specifications of A2 are designated for cutting except trees reserved from cutting. Trees reserved from cutting have been marked with a horizontal stripe of ORANGE paint at or above eye level, and a stump mark consisting of a horizontal stripe of ORANGE paint on the downhill side of the tree at ground level.

The boundaries of units where leave trees are marked, are marked on three (3) sides of the cutting unit boundary trees with vertical stripes of ORANGE paint extending from diameter breast height (DBH) upwards approximately three (3) feet. The middle stripe of paint faces the cutting unit and the other two face on line with the cutting unit boundary. In addition, each boundary tree has a horizontal stump mark painted on the downhill side of the tree at ground level. Trees used for boundary designation are not to be cut. All hardwood trees are not to be cut.

K-C.3.5.9# - INDIVIDUAL TREES (CUT TREE MARKING). (2/09) In Cutting Units: 1S, 1T, 2S, 2T, 3S, 3T, 12, 13, 14 and18, individual trees to be cut have been Marked with a horizontal stripe of BLUE paint at or above eye level, and a stump mark consisting of a horizontal stripe of BLUE paint on the downhill side of the tree at ground level.

The boundaries of units where individual trees are Marked, are marked on three (3) sides of the cutting unit boundary trees with vertical stripes of ORANGE paint extending from diameter breast height (DBH) upwards approximately three (3) feet. The middle stripe of paint faces the cutting unit and the other two face on line with the cutting unit boundary. In addition, each boundary tree has a horizontal stump mark painted on the downhill side of the tree at ground level. Trees used for boundary designation are not to be cut.

K- C.3.8# - SPECIES DESIGNATION. (2/09) Within the following cutting units shown below, listed species are designated for cutting when they meet (a) utilization standards and (b) are smaller than the stump diameter listed below and shown on the Contract Area Map:

Appendix B, Page 15 of 31

Unit Designated Species Maximum Stump Diameter (Inches)

7 LP 30”

Stump diameter will be measured at 6 inches above ground level on the uphill side of the tree. A minimum stump height of 6 inches above ground level on the uphill side shall be left in the units listed above.

In addition, any trees within the cutting unit boundary that are windthrown prior to Purchaser's logging in the immediate vicinity which meet Utilization Standards in amounts less than specified in C1.3.3 are designated for cutting.

Trees of the species listed above that are designated to be left standing are marked with a horizontal stripe of ORANGE paint at or above eye level, and a stump mark consisting of a horizontal stripe of ORANGE paint on the downhill side of the tree at ground level.

In addition to those species listed above, trees marked with a horizontal stripe of BLUE paint at or above eye level, and a stump mark consisting of a horizontal stripe of BLUE paint on the downhill side of the tree at ground level.

The boundaries are marked on three (3) sides of the cutting unit boundary trees with vertical stripes of ORANGE paint extending from diameter breast height (DBH) upwards approximately three (3) feet. The middle stripe of paint faces the cutting unit and the other two face on line with the cutting unit boundary. In addition, each boundary tree has a horizontal stump mark painted on the downhill side of the tree at ground level. Trees used for boundary designation are not to be cut.

Upon agreement with Forest Service, dead trees designated to be left standing may be felled when necessary for safety under the State Safety Code and other dead trees designated in their place.

K-F.3.2# Contracting Officer Note: The following deposits are for Surface Rock Replacement. Offerors shall not include their price for the following requirement in their offer on Item B.1.17 (Road Maintenance, Appendix C) on the Schedule of Items. Offerors shall account for this item in their price offered for the products removed (B.2):

K-F.3.2# – ROAD MAINTENANCE DEPOSIT SCHEDULE. (9/04) Other provisions herein notwithstanding, when Forest Service requests payment in lieu of Contractor’s performance of road maintenance, Contractor shall make Required Deposits (16 USC 537) for current and/or deferred road maintenance. Such deposits are based on the estimated volume and distance hauled and Contractor’s commensurate use of each road listed in the Road Maintenance Plan in K-F.3.1#.

Contractor and Forest Service may agree in writing on adjustment of such rates. If Contractor uses roads under jurisdiction of Forest Service other than those listed in the Road Maintenance Plan, Forest Service shall establish rates commensurate with Contractor’s use of such roads.

The Required Deposits for Forest Service work in lieu of Contractor performance and for deferred maintenance is:

$2.67 per ton.

The following table lists who Contractor will make deposits for road maintenance to, and the rate per unit of measure of the deposit. The Road Maintenance Agreement is available for inspection at the Forest Supervisor’s Office.

Appendix B, Page 16 of 31

Deposit Made To Rate Unit of

Measure Forest Service 2.67 Ton

K-F.4.1# - CLOSURE TO USE BY OTHERS. (3/07)

A. Closure of Roads During Period of Contract. Unless otherwise agreed in writing between Contractor and Forest Service, Contractor shall within 15 days of receipt of notice from Forest Service, install closure devices listed below and close them on roads designated "To Be Closed" on Contract Area Map and listed below to effectively block access to vehicle traffic except that constituting official use. Installation of closure devices shall follow closure details attached hereto and made a part hereof.

Official vehicle traffic shall constitute that use by Contractor and his employees when engaged in contract activities. It shall also include administrative traffic by Forest Service, and other landowners for the administration of their lands. Contractor shall close road as directed by Forest Service at the completion of daily activities or maintain closure after passage of each vehicle. Forest Service will monitor and administer closure activities.

CLOSURE DEVICES

Road

Number Location Furnished

By Closure Method

Closure Device

Installed By

In Place

5570 At entrance (off road 343)

FS Gate FS Yes

4218 Past intersection with road 17442

FS Gate FS Yes

During the life of this contract, Contractor shall install temporary barricades at locations designated "Temporary activity Barricade" on Contract Area Map and shown below. Temporary barricades shall be installed so that they may be readily opened by Contractor or Forest Service for access to Contract Area in case of fire or other emergency. Official vehicle traffic shall also include administrative traffic by Forest Service and other landowners for the administration of their lands. Contractor shall provide and post approved signs as authorized by Forest Service. Installation of Temporary Activity Barricades shall follow closure details attached hereto and made a part hereof.

During the period January 1 to December 31st when Contractor’s Operations are in areas otherwise closed to motorized vehicles, Contractor shall not be permitted to hunt, transport hunters, discharge firearms or transport big game animals with vehicles within the closed areas.

TEMPORARY ACTIVITY BARRICADES

Road Number

Location

Closure Method

N/a

Appendix B, Page 17 of 31

B. Closure of Roads at End of Contractor’s Use. Unless otherwise agreed in writing between Contractor and Forest Service, upon completion of use, Contractor shall effectively close to public use the following roads designated "To Be Closed" on Contract Area Map and listed below. Existing locking closure devices shall be closed and locked as directed by Forest Service. As an element of final road maintenance and environmental or resource protection, the designated closure shall be accomplished by using the methods required for each road as described below:

Closure Location(s)

Road Number Location Closure Method Furnished By In Place

N/A

K-G.2.7# - NOXIOUS WEED TREATMENT. (3/07) The roads shown in the table below and being used by the Contractor shall be treated with herbicide to remove seed-bearing noxious weeds.

Contractor shall:

A. Include a schedule for herbicide treatment of noxious weeds as part of the Annual Operating Schedule.

B. Treat roads or road segments required to have noxious weeds treated between, May 15th to July 1st or September 1st to October 15th (when conditions are snow free)unless otherwise agreed in writing.

C. Follow the “TECHNICAL SPRAYING SPECIFICATIONS”.

Treatment shall target those noxious weeds identified on the State of Montana’s weed list that occur on the toe of the fill slope to the top of the cut on the listed roads. Reasonable care shall be exercised to limit application so that spraying does not contact native forbs, grasses, herbs, and trees.

Road Number(s) Road Termini MP to MP

Herbicide

Pre reconstruction/construction

Posthaul

343 19.10 to 23.72 Aminopyralid X X

490 0.00 to 2.67 Aminopyralid X X

4212 0.00 to 0.05 Aminopyralid X X

4218 0.00 to 3.92 Aminopyralid X X

5570 0.00 to 4.76 Aminopyralid X X

16533 0.00 to 0.65 Aminopyralid X X

17442 0.00 to 0.77 Aminopyralid X X

17444 0.00 to 1.71 Aminopyralid X X

Appendix B, Page 18 of 31

34145 0.00 to 1.41 Aminopyralid X X

34146 0.00 to 0.295 Aminopyralid X X

34154 0.00 to 0.40 Aminopyralid X X

34162…