d.Appendix_B_Timber_Specs.doc

Peep Stewardship Contract

APPENDIX B

STEWARDSHIP CONTRACT TIMBER REMOVAL SPECIFICATIONS

BT.0 CONTRACT AREA

BT.1 Contract Area Map

BT.2 Claims

CT.0 TIMBER SPECIFICATIONS

CT.1 Included Timber

CT.1.1 Standard Timber

CT.1.2 Substandard Timber

CT.1.3 Damaged Timber

CT.1.3.1 Damaged by Contractor

CT.1.3.2 Negligent or Willful Damage

CT.1.3.4 Minor Damage by Natural Causes

CT.1.4 Unintentionally Cut Timber

CT.1.6 Other Material

CT.2 Utilization and Removal of Included Timber

CT.3 Timber Designations

CT 3.2 Construction Clearing

CT 3.2.1 Road Clearings

CT 3.2.2 Other Authorized Clearings

CT.3.5 Individual Trees

CT.3.7 Minor Changes CT.4 Volume Estimate

DT.0 RATES OF PAYMENT

DT.1 Current Contract Rates

DT.4 Other Payment Rates

DT.4.1 Material and Quantities Not in Division AT DT.4.2 Timber Cut Through Mistake

DT.4.3 Undesignated Timber Damaged Without Negligence

DT.4.4 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut

DT.4.5 Liquidated Damages

ET.0 PAYMENTS

ET.1 Amount Payable for Timber

ET.2 Integrated Resource Account ET.3 Deposits When Payment Guaranteed

GT.0 OPERATIONS

GT.4 Conduct of Logging

GT.4.1 Felling and Bucking

GT.4.1.1 Felling in Clearings

GT.4.1.2 Stump Heights

GT.4.1.3 Limbing

GT.4.2 Skidding and Yarding

GT.4.2.1 Rigging GT.4.2.2 Landings and Skid Trails

GT.4.2.3 Skidding on Roads

GT.4.2.4 Arches and Dozer Blades

GT.6.3 Temporary Roads

GT.6.4 Landings

GT.6.5 Skid Trails and Fire Lines

GT.6.6 Current Operating Areas

GT.6.7 Erosion Control Structure Maintenance

GT.7 Slash Disposal

GT 8 Measuring

GT.8.1 Product Identification

IT.0 OTHER CONDITIONS

IT.1 Title and Liability

IT.1.1 Title Passage

IT.1.2 Liability for Loss

IT.5 Sale of Other Materials

THE FOLLOWING IS A COMPLETE LIST OF WO KT CLAUSES THAT CAN BE USED FOR THE TREE MEASUREMENT VERSION OF THE IRSC. LIST ONLY WO OR REGIONAL K CLAUSES THAT ARE DEEMED APPLICABLE AND NOT IN CONFLICT WITH SECTIONS IN PART I.

KT-CT.3.5.7# Individual Tree Designation (Option 1) (6/08)

KT-FT.1.0.1# Temporary Road and Landing Construction

(Option 1) (6/08)

KT-GT.2.2# Protection of Improvements (5/05)

KT-GT.4.1# Specific Requirements (5/05)

KT-GT.4.2# Yarding/Skidding Requirements (5/05)

KT-GT.6.0# Erosion Control and Soil Treatment by

Contractor (5/05)

KT-GT.8 Measuring (5/05)

KT-GT.8.1.1 Accountability (5/05)

KT-GT.8.4 Use of Paint by Contractor (Option 1) (6/06)

KT-HT.2.0.1 Burning by Contractor (6/06)

KT-IT.1.0 Disclaimer of Expressed or Implied Warranty

(5/05)

KT-IT.6.8# Use of Timber (Option 1) (9/04) Division AT Location and Area:

16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35 and 36; T7S R35 ½ E, Sec. 1, 2 and 3; T6S, R36E, Sec. 19, 30 and 31; T6S, R35E, Sec. 10, 13, 24 and 25.

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 % of Gross Scale

Douglas fir/Western larch Lodgepole pine and other

Lodgepole pine and other Sawlog Sawlog *GCvB

3,707

CCF

CCF

CCF

7.0 7.0

4.0

NA

Timber Subject to Agreement

Total Quantity

5,053

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

*Green Convertible Biomass

Timber Designations, acres are approximate:

Number

Acres

Clearcutting Units (CT.3.1)

Overstory Removal Units (CT.3.3)

Understory Removal Units (CT.3.4)

Individual Trees (CT.3.5)

Incompletely Measured (CT.3)

Designation by Description or Prescription (KT-CT.3)

High Stumps Species Product Maximum Stump Height (inches) All

All

Roads

Class Approx.

Length (mi./km.)

Sheet Numbers and Approval Date Performance Responsibility

Staking1/

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 $

20C

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

Schedule of Payment Units – continued

Payment

Unit

Number Approx.

Acres To be Paid for at Flat Rates

Total

Flat

Rate

Payment

Total

Required

Deposits For Slash

Disposal $

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

LP&other

LP&other

DF/WL

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

Sawlog

GCvB

Sawlog

GCvB

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

CCF

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

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 KT Clauses with the same numbers. These clauses are applicable only to the timber removal portion of the Peep Stewardship Contract except where otherwise specifically referenced. “Timber” when used in this appendix includes timber and other products.

BT.0—CONTRACT AREA

BT.1 Contract Area Map.

BT.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.

CT.0—TIMBER SPECIFICATIONS

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

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

CT.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.

CT.1.3 Damaged Timber.

CT.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.

CT.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.

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

CT.1.4 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 but that are cut through mistake by Contractor, when included by Forest Service.

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

CT.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 AT 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.

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

CT.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 unstable 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 location.

CT.3.2.1 Road Clearings. Timber within the clearing limits of Roads is within separate Payment Units, as shown on Contract Area Map, and the quantities are in Division AT. The quantities of dead or unstable trees designated outside the clearing limits are not included in Division AT.

CT.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 AT.

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

CT.3.7 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.

CT.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 AT. 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.

DT.0—RATES OF PAYMENT

DT.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.

DT.4 Other Payment Rates.

DT.4.1 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 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.

DT.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 and Required Deposits, unless such material is not listed. In such event, Forest Service, in accord with standard Forest Service methods, shall establish rates to be paid.

DT.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 and Required Deposits.

DT.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 and Required Deposits that are in addition to liquidated damages. 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.

DT.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.

ET.0—PAYMENTS

ET.1 Amount Payable for Timber. 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. Payment shall be in the form of Stewardship Credits or cash.

ET.2 Stewardship Statement of Account. “Stewardship Statement of 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 Required Deposits.

ET.3 - Deposits When Payment Guaranteed. (05/10) To the extent payment guarantee is provided under Clause entitled, “PRODUCT PAYMENT GUARANTEE” requirements for advance cash deposits under ET.1 shall be waived for the value of Included Timber removed except for:

(a) Associated charges, and

(b) The value of Included Timber exceeding the sum of stewardship credits that have not been established for mandatory stewardship projects listed in the Schedule of Items plus optional stewardship projects ordered by Contracting Officer.

Charges for (a) and (b) shall be waived for not more than a monthly billing period.

GT.0—OPERATIONS

GT.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:

GT.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 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.

GT.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.

GT.4.1.2 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 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 AT and shall dispose of severed portions in the same manner as other logging debris or as otherwise agreed. 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.

GT.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.

GT.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.

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

GT.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.

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

GT.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.

GT.6.3 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.

GT.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.

GT.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 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 back-blading skid trails, in lieu of cross ditching.

GT.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 October 31 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 1- July 1 , Contractor shall keep such work on any additional disturbed areas as up to date as practicable.

GT.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.

GT.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 elsewhere herein and are in addition to Required Deposits for slash disposal.

GT.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 GT.8.1 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) 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, 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.

IT.0—OTHER CONDITIONS

IT.1 Title and Liability.

IT.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 clause Product Payment Guarantee, shall be considered to be paid for. Title to any Included Timber that has been cut 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.

IT.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 re-determined 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.

IT.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.

KT-CT.3.5.7# - INDIVIDUAL TREE DESIGNATION (OPTION 1). (6/08) All trees which meet the minimum tree diameter stated in Division AT are designated for cutting. Additional timber to be cut, if any, will be designated for cutting in accordance with CT.3.7.

Leave trees, marked with orange paint and greater than 7.0” DBH are not to be cut, unless designated by the Forest Service.

R6 KT-CT.3.5.7# (Option 1)

6/08

INSTRUCTIONS: For use with individual marked and leave tree marked contracts, the blank may be completed by inserting, "trees Marked with blue paint," "trees not Marked with orange paint," or designated by species "all lodgepole pine 8 inches in diameter measured at stump height," etc. Windthrown timber existing prior to contract date and not intended to be Included Timber will be indicated on Contract Area Map. The blank must be filled out in a logical and understandable manner. For designation by description units, enter in the blank “trees meeting the attached designation description” and insert the description in the contract following the page listing the provision. For example, if the provision is on page “21”, the description will be numbered page “21a”, 21b, 21c, etc., and titled “DESCRIPTION PURSUANT TO KT-CT.3.5.7# - INDIVIDUAL TREE DESIGNATION (OPTION 1) (06/2008)”. Enter Contract Name and Page number at the top of each description page, as shown on other contract pages. Font is Courier New, size 10, for Contract Name, Page number, and description.

Apply DxD only to the trees inside the unit boundary. Trees adjacent to, but outside the unit boundary, are not to be used in applying DxD.

If leave trees are not marked with orange tracer paint, enter “NA”. Enter in the next fill-in “the description in the attached table”, or something similar for DxD.

DO NOT MAKE CT.3.5 INAPPLICABLE BY LISTING IN AT.18.

DESCRIPTION PURSUANT TO KT-CT.3.5.7# – INDIVIDUAL TREE DESIGNATION (OPTION 1) (06/2008)

< 21.0” DBH for cutting

> 7.0” DBH.

** SEE Appendix A for designation by prescription for Biomass thinning

KT-FT.1.0.1# - TEMPORARY ROAD AND LANDING CONSTRUCTION (OPTION 1). (6/08) In addition to the requirements of GT.6.3, Contractor and Forest Service will agree to the design, construction, maintenance, closure and obliteration of all Temporary Roads.

Construction of Temporary Roads in areas shown on Contract Area Map shall be in accordance with the attached plans or criteria.

Unless otherwise agreed, if Purchaser's Operations require more than 0 cubic meters1/ of rock for Temporary Roads, landings, or other temporary uses, such rock shall be obtained from commercial sources.

PLANS AND/OR CRITERIA PURSUANT TO KT-FT.1.0.1# - TEMPORARY ROAD AND LANDING CONSTRUCTION (OPTION 1) (06/2008)

Approximate location of temporary roads are shown on the contract area map. All temporary road locations will be located on the ground by the contractor and approved by the Forest Service prior to construction or use.

Contractor shall seasonally close temporary roads when not in use by installation of earthen barricades as directed by the Forest Srvice.

Contractor shall obliterate temporary roads upon completion of use. A combination of methods of obliteration may include scarification, re-contouring, slash scatter and/or placement of barricades as directed by the Forest Service.

Re-contouring will be required where cut and fill construction occurs. Fill material will be pulled back and outsloped on the road prism. Such placement will conform to the original ground contour as much as practicable. When performing this work, machinery will not be allowed outside the disturbed area or outside the clearing limits of the road.

KT-GT.2.2# – PROTECTION OF IMPROVEMENTS. (5/05) Unless otherwise agreed to in writing, Contractor 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 attached table for improvements to be moved.

Allotment fencelines within cutting units

Move fences as approved by the Forest Service for harvest operations.

Fence will be replaced by the Purchaser immediately after operations during the grazing period.

Outside the grazing period fence will be replaced two weeks prior to permitted livestock entry.

R6 KT-GT.2.2#

5/05

R6 KT-GT.3.1.5#

5/05

INSTRUCTIONS: Required for use in all Integrated Resource Timber Contracts (IRTC). Enter the start date and end date of the Normal Operating Season for service work, i.e., work not related to the removal of products shown in AT.2. Use this provision to show all restrictions, permitted periods and required completion dates for Contractor Operations on this project except those covered in the KT-FT.1.2# Road Use List or KT-GT.2.4#. List only required restrictions. The purpose is to eliminate conflicts with Forest resource values as prescribed in the Forest Plan and documented in the NEPA decision and document. Schedule must spell out if the condition is a restriction during which operations are not allowed or a time period during which operations must be completed. Include all conditions for each Payment Unit in one entry (see example for Payment Unit 13 below).

For use with TIM, the schedule is inserted into the contract on the page following the provision. For example, if the provision is on page “21”, the schedule will be numbered page “22”, and titled “SCHEDULE PURSUANT TO KT-GT.3.1.5# - PROJECT OPERATION SCHEDULE (05/2005)”. Enter Contract Name, Page number, and schedule data. Font is Courier New, size 10.

Following are some examples for completing the schedule:

SCHEDULE PURSUANT TO KT-GT.3.1.5# – PROJECT OPERATION SCHEDULE (05/2005)

Contract Name:

Page

KT-GT.4.1# - SPECIFIC REQUIREMENTS. (5/05) Notwithstanding GT.4.1, and GT.4.1.1, felling objectives shall be accomplished by the type of felling methods and equipment listed herein. Methods or equipment other than those specified may be approved. For Payment Units shown in the following table, Contractor shall submit a cutting plan for Forest Service acceptance, prior to the start of felling operations.

See attached table.

Directional felling is required in all units.

Mechanized felling equipment shall not be operated on slopes greater than 35%.

Mechanized felling equipment shall not be operated during periods of wet soil conditions as indicated by the occurance of deep rutting 4” or greater.

All

Operation of felling equipment and skidding/forwarding equipment shall not result in detrimental soil conditions (compaction, puddling, displacement, surface erosion) which exceed 20% of the cutting unit.

All

R6 KT-FT.1.0.1# (Option 1) 6/08 INSTRUCTIONS: For use in all contracts with: a) requirements in excess of typical or ususal temporary road construction, and/or b) areas which require rocking. Only include plans and/or criteria if construction requirements are in excess of typical or usual construction, as required by the NEPA document and decision. Insert in the blank the amount of rock estimated in the appraisal for use on Temporary Roads and Landings.

For use in TIM, the plans and/or criteria are inserted into the contract on the page following the provision. For example, if the provision is on page “21”, the plans and/or criteria will be numbered page “21a,” 21b, 21c, etc., and titled “PLANS AND/OR CRITERIA PURSUANT TO KT-FT.1.0.1#– TEMPORARY ROAD AND LANDING CONSTRUCTION (OPTION 1) (06/2008)”. Enter Project Name and Page number, and insert plans and/or criteria as needed. Font is Courier New, size 10.

1/ - Enter “meters” or “yards”.

See following example:

PLANS AND/OR CRITERIA PURSUANT TO KT-FT.1.0.1# – TEMPORARY ROAD AND LANDING CONSTRUCTION (OPTION 1) (06/2008)

1. Temporary roads will only be built during the summer season.

2. Road surface, and all cut and fill slopes, shall be seeded prior to September 1 of each operating season with approved seed mix per KT-GT.6.0#.

3. Straw bales shall be placed in road ditches every 100 feet, and in the intake and outflow of all culverts, to control soil movement.

KT-GT.4.2# - YARDING/SKIDDING REQUIREMENTS. (5/05) Contractor shall submit for Forest Service approval a Yarding/Skidding Plan prior to the start of felling operations. Requirements other than those specified in the following table may be approved. When appropriate, such approval shall include adjustments in Current Contract Rates and revision of the Contract Area Map. In no such case shall the adjustments result in Current Contract Rates less than Base Rates.

Location of all skid roads and trails, tractor roads, skyline corridors, mechanized harvester trails, forwarder roads, and other log skidding facilities, shall be approved prior to their use or construction.

See attached table for requirements.

Skidding equipment shall be capable of operating in areas of limited landing space.

Upon completion of yarding/skidding operations detrimental soil condition (compaction, puddling, displacement, surface erosion) shall not exceed 20% of the total acreage in the cutting unit.

Under wet conditions equipment shall not cause deep rutting (4 inches and greater).

Skidding equipment shall not be operated on slopes greater than

35%.

All

R6 KT-GT.6.0#

5/05

INSTRUCTIONS: Use this provision to treat soils affected by contract operations as prescribed in the NEPA document and decision. Scarification is for seedbed preparation. Subsoiling is for compaction mitigation. When a lesser depth than 20 inches is needed, Forests may change the Regional numbers, after documented consultation and support from the Forest Soils Scientist.

The fill-ins in item (a) should describe the acceptable season for seeding. In the above schedule, show seed mixes as footnotes (4/, 5/, 6/, etc.) in the "Species Mixture" column, as designed for skid trails, landings, or other areas by Payment Unit. In the second column, use the letters A-E, to indicate what areas are to be seeded. Show fertilizer by Payment Unit, if these are variable in Contract Area. Otherwise, enter "All" in the first column.

THE ESTABLISHMENT OR COLLECTION OF EROSION CONTROL DEPOSITS IS PROHIBITED IN REGION 6.

For use with TIM, the table is inserted into the contract on the page following the provision. For example, if the provision is on page “21”, the table will be numbered page “22”, 22a, 22b, 22c, etc., and titled “APPLICATION SCHEDULE PURSUANT TO KT-GT.6.0# - EROSION CONTROL AND TREATMENT BY CONTRACTOR (05/2005)”. Enter Project Name and Page number, and data in the application schedule. Font is Courier New, size 8.

KT-GT.8 - MEASURING. (5/05) The estimated quantity of timber in Division AT was determined in advance of advertisement. Any timber subsequently added or deleted under CT.1.3, CT.1.4, CT.3.2, CT.3.5, or CT.3.7 will be measured by the Forest Service and formulated using Forest Service Handbook 2409.12, Timber Cruising Handbook Standards, unless otherwise agreed to in writing.

KT-GT.8.1.1 - ACCOUNTABILITY. (5/05) The following requirements are applicable to product removal permits:

1. Forest Service will issue to Contractor or designated representative(s) serially numbered Product Removal Permit Books for use only on this contract. Product Removal Permit Books, whether used or unused, shall be returned to issuing Forest Service Office in accordance with instructions contained on cover of each book.

2. All permits shall be completed and attached to load by an individual named in writing, other than the truck driver in accordance with the instructions on the inside cover of the Product Removal Permit Book. Product Removal Permit will be attached prior to removal from the immediate vicinity where loading is done. The permit will remain attached until the load is decked at the delivery point.

3. Contractor shall require truck drivers to stop when requested by Forest Service for purposes of monitoring accountability when products are in transit. Methods to be used to alert drivers of an impending stop shall be agreed to in advance of hauling products.

KT-GT.8.4 - USE OF PAINT BY CONTRACTOR (OPTION 1). (5/05) Notwithstanding GT.8.1, use of paint by the Contractor within the Sale Area in the same color(s) as used by the Forest Service in the preparation of the sale and administration of the contract will be by written approval of the Forest Service.

KT-HT.2.0.1 - BURNING BY CONTRACTOR. (6/06) Contractor is required to obtain written permission from Forest Service prior to any burning on the National Forest Lands.

KT-IT.1.0 - DISCLAIMER OF EXPRESSED OR IMPLIED WARRANTY. (5/05) Contractor and Forest Service hereby agree, acknowledge, and accept that there is no expressed or implied warranty provided by the Forest Service that guarantees the Contractor will be allowed to complete the removal of products sold under the terms of the contract. Upon execution of the contract, Contractor hereby acknowledges the acceptance of the risk that this contract is subject to interruption or termination as a result of litigation associated with the environmental analysis process used by the Forest Service in the planning of this project. If such interruption or termination occurs due to litigation, Contractor agrees to accept as full compensation for such interruption remedies pursuant to IT.3.3, or for termination remedies pursuant to IT.3.4.

KT-IT.6.8# – USE OF TIMBER. (9/04) (a) This contract is subject to the Forest Resources Conservation and Shortage

Relief Act of 1990, as amended (16 USC 620, et seq.).

(b) Except for 1/ NONE determined pursuant to public hearing to be surplus, unprocessed Included Timber shall not be exported from the United States nor used in direct or indirect substitution for unprocessed timber exported from private lands by Contractor or any person as defined in the Act (16 USC 620e).

(c) Timber in the following form will be considered unprocessed:

(i) Trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use;

(ii) Lumber, construction timbers, or cants intended for remanufacturing not meeting standards defined in the Act (16 USC 620e); and

(iii) Aspen or other pulpwood bolts exceeding 100 inches in length.

(d) Unless otherwise agreed in writing, unprocessed Included Timber shall be delivered to a domestic processing facility and shall not be mixed with logs intended for export.

(e) Prior to award, during the life of this contract, and for a period of 3 years from Termination Date, Contractor shall furnish to Forest Service, upon request, records showing the volume and geographic origin of unprocessed timber from private lands exported or sold for export by Contractor or affiliates.

(f) Prior to delivering unprocessed Included Timber to another party, Contractor shall require each buyer, exchangee, or recipient to execute an acceptable agreement that will:

(i) Identify the Federal origin of the timber;

(ii) Specify domestic processing for the timber involved;

(iii) Require the execution of such agreements between the parties to any subsequent transactions involving the timber;

(iv) Require that all hammer brands and/or yellow paint must remain on logs until they are either legally exported or domestically processed, whichever is applicable; and

(v) Otherwise comply with the requirements of the Act (16 USC 620d).

(g) No later than 10 days following the execution of any such agreement between Contractor and another party, Contractor shall furnish to Forest Service a copy of each such agreement. Contractor shall retain, for 3 years from Termination Date, the records of all sales, exchanges, or dispositions of all Included Timber.

(h) Upon request, all records dealing with origin and disposition of Included Timber shall be made available to Contracting Officer.

(i) For breach of this Subsection, Forest Service may terminate this contract and take such other action as may be provided by statute or regulation, including the imposition of penalties. When terminated by Forest Service under this Subsection, Forest Service will not be liable for any Claim submitted by Contractor relating to the termination.