09-0008_CORP_APPENDIX B SCALED_FS-2400-13_Part_A(9-04).pdf

1 Contract 2400-13, (9/04)

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

INTEGRATED RESOURCE CONTRACT

(Applicable to Contracts with Measurement after Harvest)

Name of Contractor

National Forest Ranger District Region Contract Number

Contract Name Award Date Termination Date

The parties to this contract are The United States of America, acting through the Forest Service, United States Depart-ment of Agriculture, hereinafter called Forest Service, and 1/ a hereinafter called Contractor.

Unless provided otherwise herein, Forest Service agrees to sell and permit Contractor to cut and remove Included Tim-ber and Contractor agrees to purchase, cut, and remove Included Timber and complete required stewardship projects.

IN WITNESS WHEREOF, the parties hereto have executed this contract as of the award date.

UNITED STATES OF AMERICA

By:

Contracting Officer (Title)

Two Witnesses: 2/

(Contractor) 3/

(Name)

By:

(Address)

(Title)

(Name)

(Address) (Business Address)

I, 4/ ______________________________, certify that I am the ______________________________ Secretary of the corporation named as Contractor herein; that ______________________________ who signed this contract on behalf of Contractor, was then ______________________________ of the corporation; that the contract was duly signed for and in behalf of the corporation by authority of its governing body, and is within the scope of its corporate powers.

CORPORATE

SEAL 5/

2 Contract 2400-13, (9/04)

INSTRUCTIONS:

1/ If Contractor is a corporation, state a "corporation organized and existing under the laws of the State of " and specify the State; if Contractor is a partnership, state a "partnership consisting of " and specify the names of each partner; and if Contractor is a sole proprietor doing business under an assumed name, state "(n) individual doing business under the name of City of , State of ."

2/ The signatures and addresses of two witnesses are required if Contractor is other than a corporation.

3/ If Contractor is a co-partnership, the signatures should be: XYZ Company, by John Doe, a member of the firm. If Contractor is a corporation, form of signature should be: XYZ Company, by John Doe, President (or other officer or agent) and the seal of the corporation must be impressed or indi-cated.

4/ The certificate must be completed if Contractor is a corporation.

5/ For companies incorporated in States that require a corporate seal, if the corporation has no corporate seal that fact shall be stated, in which case a scroll or adhesive seal shall follow the corporate name.

EXAMPLE 1/

Subcontractor Certification

Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion

Contract Name: _______________________ National Forest: __________________________

The prospective subcontractor (participants in lower tier covered transactions) certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract by any Federal department or agency.

Where the prospective subcontractor is unable to certify to any of the statements in this certification, such prospective subcontractor shall attach an explanation to this proposal.

Name of Subcontractor: _________________________ Business Address: __________________________

Date Signature

1/ It is Contractor’s responsibility to have Subcontractors complete this certification and to maintain a file of completed certifications. This certification does not need to be returned to Forest Service, except at the writ-ten request of Contracting Officer.

3 Contract 2400-13, (9/04)

UNITED STATES DEPARTMENT OF AGRICULTURE

Forest Service

INTEGRATED RESOURCE CONTRACT

September 2004 (Date of Issue)

PROVISIONS FOR MEASUREMENT OF PRODUCTS AFTER HARVEST

This contract is organized into Parts, Sections, Subsections, and Items. These are numbered in accordance with the following scheme: Part B, Section B.1, Subsection B.1.1, and Item B.1.1.1. References to a Part include all Sec-tions, 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 Part, Section, Subsection, and Item. Descriptive headings used are not to be considered in determining the rights and obligations of the parties.

Parts B through J are subject to Specific Conditions in Part A. Wherever appropriate, Specific Conditions estab-lished in Part A are cited by reference number. The listing of Sections, Subsections, or Items in provision A.21 has the effect of striking or deleting them from Part B through J. Provision A.22 lists provisions that comprise Part K. Where appropriate, references to Special Provisions are made by citing the applicable reference numbers.

INDEX TO TERMS

Term

Advertised Rates Base Index Base Rates Bid Premium Rates Bid Rates Catastrophic Damage Claim Clearcutting Units Construction Continuous Scaling Services Contract Area Contract Area Map Contract Term Adjustment Contract Term Extension Contractor’s Operations Current Contract Rates Current Contract Value Current Unit Rates Design Change Extended Scaling Services Extension Deposit Fire Precautionary Period Flat Rates Included Timber Indicated Advertised Rates

Reference

A.4.2 A.4.2 A.4.2 A.4.2 A.4.2 C.1.3.3 J.2 C.3 I.6.6 G.8.1 B.1 B.1 I.2.1 I.2.3 G.3 D.1 D.1 F.2.5.1 F.2.5.3 G.8.1 E.2.1.7 H.2 A.4.2 C.1 I.2.2.1

Term

Integrated Resource Account Intermittent Scaling Services Marked Negligent Fire Normal Operating Season Off-Road Equipment Operations Fire Out-of-Pocket Expenses Overstory Removal Units Plans Required Deposits Scaling Schedule of Items Service Shop Drawings Specified Roads Stewardship Credits Streamcourses Subcontractor Substantially Completed Temporary Roads Tentative Rate Termination Date Understory Removal Units Utilization Standards

E.2 G.8.1 C.3.5 H.4.2 G.3.1 G.3.5 H.4.1 I.3.5 C.3 F.2.1.1 A.4.2 G.8 F.2 I.6.6 F.2.1.1 F.2 E.2.2 G.5 I.6.4 F.2.3 F.1 A.4.2 I.2 C.3 A.2, C.2

4 Contract 2400-13, (9/04)

CONTENTS

Number

A.0 A.1 A.2

A.3 A.4 A.4.1 A.4.2 A.4.3 A.5 A.6 A.7 A.8

A.9 A.10 A.11 A.12 A.13

A.14

A.15 A.16 A.17 A.18 A.19 A.20

A.21 A.22 B.0 B.1 B.2 C.0 C.1 C.1.1 C.1.2 C.1.3 C.1.3.1 C.1.3.2 C.1.3.3 C.1.3.4 C.1.4 C.1.5 C.1.6 C.2

C.3 C.3.1 C.3.2 C.3.3 C.3.4 C.3.5 C.3.6

Title

SPECIFIC CONDITIONS

Location and Area Volume Estimate and Utilization

Standards Timber Designations Timber Payment Rates

Escalated Rates Flat Rates Stewardship Credits

Indices Used in Quarterly Adjustment High Stumps Specified Roads Forest Service Engineering Completion

Schedule Scaling Instructions and Specification Scaling Services Minimum Scaling Volumes Fire Precautionary Period Contractor Responsibility to Furnish

Crews and Equipment Contractor’s Obligation per Operations

Fire Termination Date Normal Operation Season Performance Bond Downpayment Periodic Payment Amounts Market-Related Contract Term Addition

Producer Price Index Inapplicable Provisions List of Special Provisions in Part K

CONTRACT AREA

Contract Area Map Claims

TIMBER SPECIFICATIONS

Included Timber

Standard Timber Substandard Timber Damaged Timber

Damaged by Contractor Negligent or Willful Damage Damaged by Catastrophe Minor Damage by Natural Causes

Unintentionally Cut Timber Construction Timber Other Material

Utilization and Removal of Included Timber

Timber Designations Clearcutting Units Construction Clearing Overstory Removal Units Understory Removal Units Individual Trees Incompletely Marked Timber

Page

C.3.7 C.4 C.4.1 C.4.2 D.0 D.1 D.2 D.2.1 D.3 D.3.1

D.3.2

D.3.3

D.3.4 D.4 D.4.1 D.4.2 D.4.3

D.4.4

D.4.5

D.4.6 D.4.7 E.0 E.1 E.2 E.2.1 E.2.1.1 E.2.1.2 E.2.1.3 E.2.1.4

E.2.1.5

E.2.1.6 E.2.1.7 E.2.1.8 E.2.2 E.2.2.1 E.2.2.2 E.2.2.3 E.2.2.4

E.2.3

E.2.4 E.2.5 E.3

E.3.1

Minor Changes Volume Estimate

Adjustment for Volume Deficit Adjustment for Excess Volume

RATES OF PAYMENT

Current Contract Rates Escalation Procedure

Unavailable Index Rate Redetermination

Rate Redetermination for Environmental Modification

Rate Redetermination after Catastrophic Damage

Rate Redetermination for Market Change

Emergency Rate Redetermination Other Payment Rates

Material Not in A.2 Timber Cut Through Mistake Designated Timber Cut But Not

Removed Undesignated Timber Damaged

Without Negligence Undesignated Timber Unnecessarily

Damaged or Negligently or Willfully Cut

Liquidated Damages Defect Caused by Abnormal Delay

PAYMENTS

Amount Payable for Timber Integrated Resource Account

Cash Deposits Downpayment Advance Deposits Periodic Payment Schedule Deposits for Charges Subject to

Escalation Deposits When Payment

Guaranteed Blanket Cash Deposits Extension Deposits Cooperative Deposits

Stewardship Credits Progress Estimates Excess Stewardship Credits Excess Timber Value Cash Payment for Stewardship

Projects Temporary Reduction of

Downpayment Refund of Excess Cash Refund after Scaling Completed

Payment Guaranteed by Bond or Deposited Securities Blanket Bond

5 Contract 2400-13, (9/04)

E.3.2 E.4 F.0 F.1 F.1.1 F.1.2 F.2 F.2.1 F.2.1.1 F.2.1.2 F.2.2 F.2.3 F.2.4 F.2.5 F.2.5.1 F.2.5.2 F.2.5.3 F.2.6 F.2.7

F.3 F.4 G.0 G.1 G.1.1 G.2 G.2.1 G.2.2 G.2.2.1

G.2.2.2 G.2.3 G.2.4

G.3 G.3.1 G.3.1.1 G.3.1.2

G.3.2 G.3.3 G.3.4 G.3.4.1 G.3.4.2 G.3.5 G.3.6 G.3.6.1 G.4 G.4.1 G.4.1.1 G.4.1.2 G.4.1.3 G.4.1.4 G.4.2 G.4.2.1 G.4.2.2

Letters of Credit for Payment Bond Payments Not Received

TRANSPORTATION FACILITIES

Authorization

Requirements of Rights-of-Way Use of Roads by Contractor

Specified Roads Engineering

Contract Plans Construction Staking

Material Delivery Use of Partially Constructed Roads Estimated Cost Construction Cost Adjustment

Variation in Quantities Physical Change Design Change

Alternate Facilities Temporary Credit for Unamortized

Specified Road Construction Cost Road Maintenance Use by Others

OPERATIONS

Representatives

Notices Improvements

Removal Protection of Improvements

Protection of Improvements Not Owned by Forest Service

Protection of Property Protection of Land Survey Monuments Protection Measures Needed for

Plants, Animals, Cultural Resources, and Cave Resources

Control of Operations Operating Schedule

Inclusion of Technical Proposal Plan of Operations for Road

Construction Protection of Residual Trees Safety Sanitation and Servicing

Prevention of Oil Spills Hazardous Substances

Equipment Cleaning Acceptance of Work

Acceptance of Specified Roads Conduct of Logging

Felling and Bucking Felling in Clearings Stump Heights Bucking Lengths Limbing

Skidding and Yarding Rigging Landings and Skid Trails

G.4.2.3 G.4.2.4 G.5 G.6 G.6.1 G.6.2 G.6.3 G.6.3.1 G.6.4 G.6.5 G.6.6 G.6.7 G.7 G.8 G.8.1 G.8.1.1 G.8.1.2 G.8.1.3

G.8.1.4 G.8.2 G.8.3 G.8.4 G.8.4.1 G.8.4.2 G.8.5 G.8.5.1 G.8.6 G.9 G.9.1 H.0 H.1 H.2 H.2.1 H.2.2 H.3 H.3.1 H.3.1.1 H.3.1.2 H.3.1.3 H.4 H.4.1 H.4.2 H.4.3 H.5 H.6 I.0 I.1 I.1.1 I.1.2 I.2 I.2.1 I.2.1.1

I.2.1.2

I.2.2

Skidding on Roads Arches and Dozer Blades

Streamcourse Protection Erosion Prevention and Control

Meadow Protection Wetlands Protection Temporary Roads

Temporary Roads to Remain Open Landings Skid Trails and Fire Lines Current Operating Areas Erosion Control Structure Maintenance

Slash Disposal Scaling

Scaling Services Scaling Location Scaling Adjustments Delayed or Interrupted Scaling

Services Weighing Services

Presentation for Scaling Scaling Other Products Accountability

Route of Haul Product Identification

Scaling Lost Products Scaling Lost Sample Loads

Scale Reports Stewardship Projects

Refund of Unused Stewardship Credits

FIRE PRECAUTIONS AND CONTROL

Plans Fire Precautions

Substitute Precautions Emergency Precautions

Fire Control Contractor’s Reinforcement Obligations

Suspend Operations Personnel Equipment

Fire Suppression Costs Operations Fire Negligent Fire Other Fires on Contract Area

State Law Performance by Contractor

OTHER CONDITIONS

Title and Liability

Title Passage Liability for Loss

Period of Contract Contract Term Adjustment

Delay in Reconstruction of Processing Facilities

Market-Related Contract Term Addition

Termination for Catastrophe

6 Contract 2400-13, (9/04)

I.2.2.1 I.2.2.2 I.2.3 I.3 I.3.1 I.3.2 I.3.3 I.3.4 I.3.5 I.3.6 I.4 I.5 I.6 I.6.1 I.6.2 I.6.3 I.6.4

I.6.5

Termination by Contractor Termination by Forest Service

Contract Term Extension Contract Modification

Changed Conditions Modification for Catastrophe Contract Suspension and Modification Contract Termination Out-of-Pocket Expenses Termination for Market Change

Performance by Other than Contractor Sale of Other Materials Provisions Required by Statute

Covenant against Contingent Fees Officials Not to Benefit Nondiscrimination in Employment Debarment and Suspension

Certification Contract Consistency With Other Laws

J.0 J.1 J.1.1 J.1.2 J.1.3 J.2 J.2.1 J.2.2 J.3 J.3.1 J.4

J.5 J.6 K.0

PERFORMANCE AND SETTLEMENT

Performance Bond

Bond Reduction Letters of Credit Temporary Bond Reduction

Disputes Time Limits for Submission of Claim Contract Documents

Breach Termination for Breach

Damages for Failure to Complete Contract or Termination for Breach

Settlement Contract Closure

SPECIAL PROVISIONS

7 Contract 2400-13, (9/04)

A.0—SPECIFIC CONDITIONS. The following conditions apply to the indicated provisions.

A.1 – Location and Area, applicable to B.1

This Contract Area of acres more or less is located in:

A.2 – Volume Estimate and Utilization Standards, applicable to C.1, C.2, C.4, and G.4

Minimum Specifications Merchantable Tree Piece Required to be Removed

Species Product Estimated Quantity

Unit of Measure

Diameter Breast High

(d.b.h.)

(inches) of

Minimum Pieces per Tree

Length

(feet)

Diameter Inside Bark at

Small End

1/

Timber Subject to Agreement under K-C.1.1#

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

A.3 – Timber Designations, applicable to C.3; acres are approximate:

Number Acres

Clearcutting Units (C.3.1) Specified Road Clearing (C.3.2) Overstory Removal Units (C.3.3) Understory Removal Units (C.3.4) Individual Trees (C.3.5) Incompletely Marked Timber (C.3.6)

8 Contract 2400-13, (9/04)

A.4 – Timber Payment Rates, applicable to D.1 and E.0

A.4.1 – Escalated Rates, applicable for Species and Products to be Paid for at Rates Escalated under D.2

Rates per Unit of Measure

Species Product Unit of

Measure Base

Advertised

Bid Premium

Bid (Tentative)

Required Deposits

Slash Disposal

Base Index

A.4.2 – Flat Rates, applicable for Species and Products to be Paid for at Flat Rates

Rates per Unit of Measure

Species Product Unit of

Measure Base

Advertised

Bid Premium

Bid (Flat)

Required Deposits

Slash Disposal

For purposes of convenience in collection and bookkeeping, Bid Rates stated in A.4 include payment of deposits for contract area betterment required pursuant to 16 USC 576b. Such deposits are not included as Required Deposits defined hereunder.

9 Contract 2400-13, (9/04)

A.4.3 – Stewardship Credits, applicable to E.2.2 and K-G.9

Mandatory Stewardship Projects Project Number Project Description

Unit of Measure Quantity

Bid Rate

Total Credits

Optional Stewardship Projects

Priority Project Number Project Description

Unit of Measure Quantity

Bid Rate

Total Credits

10 Contract 2400-13, (9/04)

The following definitions are established for the terms used in A.4:

Base Rates are the lowest rates of payment for timber that are authorized by this contract. Base Rates remain constant throughout the life of this contract and are not subject to change by rate redetermination, except for reduction under D.3.1, D.3.2, or D.3.3.

Advertised Rates are the minimum acceptable Bid Rates for timber, exclusive of Required Deposits. These rates are those indicated by appraisal, with a cost allowance made for construction of Specified Roads listed in A.7, but are never less than Base Rates.

Bid Premium Rates are the amounts by which Contractor’s bid is in excess of Advertised Rates. The Bid Premium Rates are constant during this contract, except as provided in D.3.1, D.3.2, and D.3.3.

Bid Rates are the rates bid by Contractor (exclusive of Required Deposits for slash disposal, road maintenance, and contract scaling) and are the sum of Advertised Rates and Bid Premium Rates. Until a rate redetermination becomes effective, the Bid Rate for species and products in A.4.1 is the Tentative Rate that is subject to quarterly adjustment un-der D.2; for species and products in A.4.2, the Bid Rate is the Flat Rate.

Required Deposits are deposits that Contractor may be required to pay for slash disposal (16 USC 490), road mainte-nance (16 USC 537), and contract scaling (1994 Appropriations Act). Required Deposits may be adjusted as part of a rate redetermination or a Contract Term Extension. The table shows only Required Deposits for slash disposal; road maintenance deposits, if any, are given in K-F.3.2#; and contract scaling deposits, if any, are given in K-G.8.1.6#.

Base Index is the specified average of the lumber or other product selling value index used as the basis for computing adjustment in rates for variance in product selling value, as provided in D.2.

A.5 – Indices Used in Quarterly Adjustment, applicable to D.2 Species Index Name and Date

A.6 – High Stumps, applicable to G.4.1.2

Species Product Maximum Stump Height

11 Contract 2400-13, (9/04)

A.7 – Specified Roads, applicable to F.2

Name and Date of Governing Road Specifications:

Performance Responsibility Project

Road No. Name Design Class

Approx.

Length

(mi./km.)

Sheet Numbers and

Approval Date Survey Design Const.

Staking 1/

1/ Indicate timing, i.e., before clearing (BC) or after clearing (AC). Applicable to F.2.1.2.

A.8 – Forest Service Engineering Completion Schedule, applicable to F.2.1 Road No. Road Name Type of Work Completion Date

A.9 – Scaling Instructions and Specifications, applicable to G.8

Name and Date of Governing Instructions:

Scaling Specifications

Trim Allowance

Species Product

Maximum Scaling Length (feet)

Diameter Range

(inches)

Length Range (feet)

Trim Allowance

12 Contract 2400-13, (9/04)

A.10 – Scaling Services, applicable to G.8.1

Species Product Unit of

Measure Site and Geographic Location Method

Standard Estimated

Cost per Unit

A.11 – Minimum Scaling Volumes, applicable to G.8.1

Minimum volume for Continuous Scaling Services in two-week period (Volume and UOM) per scaler Minimum volume for Intermittent Scaling Services (Volume and UOM) on a basis

A.12 – Fire Precautionary Period, applicable to H.2 to , inclusive

A.13 – Contractor Responsibility to Furnish Crews and Equipment for:

Initial Fire Suppression, applicable to H.3 Within road miles

Fire Suppression Reinforcement, applicable to H.3.1.2 and H.3.1.3 Within road miles

A.14 – Contractor’s Obligation per Operations Fire, applicable to H.4.1

Maximum Amount: $

A.15 – Termination Date, applicable to I.2

A.16 – Normal Operating Season, applicable to G.3.1, G.6.6, I.2.1, and J.3

First Period: to , inclusive Second Period: to , inclusive

A.17 – Performance Bond, applicable to J.1

Performance Bond Amount: $

A.18 – Downpayment, applicable to E.2.1.1

Downpayment Amount: $

A.19 – Periodic Payment Amounts, applicable to E.2.1.3 Periodic Payment Determination Date Amount

Initial Payment: $ Additional Payment: $

A.20 – Market-Related Contract Term Addition Producer Price Index, applicable to I.2.1.2

Index Name: Index Number:

13 Contract 2400-13, (9/04)

A.21 – Inapplicable Provisions

The following listed provisions are hereby made inapplicable. (Instructions: List by reference number and title.)

A.22 – List of Special Provisions in Part K

The following listed special provisions are attached to and made a part of this contract. Provisions with refer-ence numbers followed by # contain blanks into which data have been entered for this contract. (Instructions:

List by reference number, title, and date.)