Revised_Appendix_B.pdf

Maid of Erin DxP Stewardship Page 1 of 36

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.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.1.6 Other Material *C.2 Utilization and Removal of Included Timber

*C.3 Timber Designations

C.3.2 Construction Clearing *C.3.2.2 Other Authorized Clearings

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 *E.3 Deposits When Payment Guaranteed

*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 Bucking Lengths

*G.4.1.4 Limbing

*G.4.2 Skidding and Yarding *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.8.6 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 (9/04)

K-C.3.0.1# Cutting Unit Boundaries (11/06)

K-C.3.5.5# Designation by Prescription (5/15) K-C.3.5.6# Individual Trees (Leave Tree Marking) (11/06)

K-F.3.6# Snow Removal (11/06)

K-G.2.2.0# Protection of Improvements (Roads) (11/06) K-G.3.1.2# Contract Operation Restrictions (11/06)

K-G.3.3.3# Safety (Recreation Areas) (11/06)

K-G.3.6# Acceptance of Work. (09/15)

K-G.4.1.1# Felling and Bucking (Special Objectives) (11/06)

K-G.4.2# Skidding and Yarding (Special Objectives) (11/06)

K-G.6# Erosion Prevention and Control (11/06) K-G.6.0.1# Erosion Control Seeding (11/06)

K-G.7# Slash Treatment (11/06)

K-G.7.1 Change in Slash Treatments (11/06) K-G.7.2# Temporary Road Construction Slash Disposal (11/06)

K-G-8.2.5# Scaling as Presented (Sales by Load Count)(Option 2)

(1/08) K-G.8.3# Product Accountability (11/06)

K-H.2 Fire Precautions (11/06)

K-I.6.8# Use of Timber (Option 1) (9/04)

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Division A A1-Location and Area:

This Contract Area of 348 acres more or less is located in:

T9S, R80W, Sections 16, 17, 19, 20, and 21 6th

PM, Lake County, Colorado

A2-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

Length

(feet)

Diameter

Inside

Bark at

Small End

Merchan-tability factor

Lodgepole pine & other species (Live & Dead) Sawtimber 2,828

CCF

7.0

1.0

8.0

6.0

10.67 species (Live & Dead)

Non-sawtimber

5 CCF 5.0 1.0 6.5 4.0 N/A

Timber Subject to Agreement species (Live & Dead)

Non-sawtimber

Unestimated

CCF

5.0

1.0

6.5

4.0

N/A species Biomass Unestimated CCF N/A N/A N/A N/A N/A

Total Quantity 2,833

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) 61

Incompletely Measured (C.3)

Designation by Description or Prescription (K-C.3) 2, 5, 6, 8, 9, 15, 16

A6-High Stumps

Species Product

Maximum Stump Height

(inches)

All Sawtimber 12

All

Non-sawtimber and Biomass

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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

N/A N/A

A-9 Scaling Instructions and Specifications

Name and Date of Governing Instructions: FSH 2409.11a National Cubic Scaling (5/91) as amended.

Scaling Specifications

Maximum Scaling Length (feet)

Trim Allowance

Diameter Range

(inches)

Length Range (feet)

Trim Allowance

All All 20 All All 6

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A-10 Scaling Services

Unit of Measure Site and Geographic Location Method

Standard Estimated

Cost per Unit

CCF Forest Service Agreed to Location Load Count Scale 0.00

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APPLICABLE REGIONAL CLAUSES MAY BE ADDED

UNITED STATES DEPARTMENT OF AGRICULTURE

Forest Service

TIMBER REMOVAL SPECIFICATIONS

CALUSES 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 Maid of Erin DxP Stewardship

Contract except where otherwise specifically referenced. “Timber” when used in this appendix includes timber and other products.

B.0—CONTRACT AREA

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.

C.0—TIMBER SPECIFICATIONS

C.1 Included Timber. “Included Timber” consists of: 2,828 CCF lodgepole pine (Live & Dead) sawtimber and 5 CCF of lodgepole pine (Live & Dead) non-sawtimber.

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.

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C.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.

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 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 A.

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.3.5 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.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.

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 removed by Contractor and presented for scaling 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.

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 subject to

Maid of Erin DxP Stewardship Page 7 of 36 agreement on rates of payment. Timber for which the quantity is not included in the estimate, shall be paid for at

Current Contract Rates and Required Deposits.

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 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.

D.4.2.1 Designated Timber Cut But Not Removed. Standard timber shall be removed prior to acceptance of a

Subdivision 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 and Required Deposits.

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 and Required Deposits 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 Stewardship Account

“Stewardship Account” is an account of all Contractor’s deposits, credits, Payment Guarantees, and the charges for:

a. Timber, or other Products at rates specified in contract

b. Slash disposal and road maintenance at Required Deposit rates,

c. Stewardship Credits established,

d. Contract Scaling Deposits, and

e. Other Charges provided in this contract.

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

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

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

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 shall be waived for the value of Product on contract area that is cut, but not removed, and for the value of Products removed from contract area, up to limit of remaining stewardship credits to be earned and exchanged for value of included product except for

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Required Deposits and Associated Charges. Associated charges shall be waived for not more than one monthly billing period.

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 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 Bucking Lengths. Trees shall be bucked in various lengths to obtain the greatest utilization of material meeting Utilization Standards.

G.4.1.4 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.4.2.2 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.

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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 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 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 Nov.1 – June 14, inclusive 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 elsewhere herein 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.

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

Maid of Erin DxP Stewardship Page 10 of 36 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.

G.8.3 Scaling Other Products. The Scaled volume of material presented for Scaling in forms other than those stated in Division A., when appropriate, shall be converted to the Division A 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. When Scaling is performed away from Contract Area, products shall be accounted for in accordance with Forest Service written instructions or an Accountability Agreement between Forest Service and Contractor and as follows:

(a) Contractor shall plainly mark or otherwise identify products prior to hauling in accordance with G.8.4.2;

(b) Forest Service shall issue removal receipts to Contractor;

(c) Contractor shall assign a competent individual at the landing to complete removal receipts and attach them to each load of products removed from Contract Area;

(d) Removal receipts shall be returned to Forest Service at periodic intervals;

(e) When products are in transit, the truck driver shall possess or display removal receipt and show it upon request as evidence of authority to move products;

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(f) The scaler’s portion of removal receipt shall be surrendered at point of Scaling, the unloading point, or as requested by Forest Service; and

(g) Contractor shall notify Forest Service of lost or off-loaded logs and their location within 12 hours of such loss.

Contractor shall not place products in storage for deferred Scaling until an accountability system has been agreed to in writing for a stated period.

G.8.4.1 Route of Haul. Contractor shall furnish a map showing the route of haul over which unscaled products will be transported from Contract Area to the approved Scaling location. Such route of haul shall be the shortest, most economical haul route available between the points.

Upon advance written agreement, other routes may be approved. All unscaled products removed from Contract Area shall be transported over the designated routes of haul. Contractor shall notify Forest Service when a load of products, after leaving Contract Area, will be delayed for more than 12 hours in reaching Scaling location.

Contractor shall require truck drivers to stop, if requested by Forest Service, for the following reasons:

(a) For accountability checks when products are in transit from Contract Area to the designated Scaling location or

(b) For a remote check Scale when products are in transit after being truck Scaled at the designated Scaling location.

Contractor and Forest Service shall agree to locations for accountability checks and remote check Scales in advance of haul. Such locations shall be established only in areas where it is safe to stop trucks.

Forest Service shall notify Contractor of the methods to be used to alert truck drivers of an impending stop.

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.8.6 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, scaled, and 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 titled Product Payment Guarantee, 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.

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.

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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.

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

species (Live & Dead)

Non-sawtimber

Lodgepole pine & other species

Biomass that shall be Included Timber upon written agreement.

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K-C.3.0.1# - CUTTING UNIT BOUNDARIES. (11/06) The boundaries of cutting units are designated as shown in the following table. The trees used for boundary designation are not to be cut.

Cutting Unit Boundary Designation Table

Cutting Unit Paint Color Designation

All Orange Dots on two sides of tree facing boundary line, with vertical stripe facing into the cutting unit. Stump mark on downhill side.

1, 4, 6, 12, 13 The boundaries that are directly adjacent to Lake County

Road 9C were not painted and are defined as the road’s edge.

2, 3 The boundaries that are directly adjacent to NFSR 104R were not painted and are defined as the road’s edge.

5 The boundaries that are directly adjacent to Lake County

Road 9C, NFSR 104R, and NFSR 104W were not painted and are defined as the road’s edge.

8 The boundaries that are directly adjacent to NFSR 104W and NFSR 104UB were not painted and are defined as the road’s edge.

9 The boundaries that are directly adjacent to Lake County

Road 9C, NFSR 104U, and NFSR 104W were not

14 The boundaries that are directly adjacent to NFSR 104U were not painted and are defined as the road’s edge.

15 The boundaries that are directly adjacent to NFSR 104V and NFSR 104U were not painted and are defined as the road’s edge.

16 The boundaries that are directly adjacent to Lake County Road 9C, NFSR 104U, and NFSR 104V were not

17 The boundaries that are directly adjacent to Lake County

Road 9C and NFSR 104V were not painted and are defined as the road’s edge.

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K-C.3.5.5# – DESIGNATION BY PRESCRIPTION. (5/15) Within cutting unit(s) 2, 3, 5, 6, 8, 9, 15, and 16 as shown on Contract Area Map, the following criteria shall be used by Contractor to designate trees and other products for cutting and removal.

(a) 1/ See Marking Guides Below .

(b) Additional trees to be cut, if any, are Marked by Forest Service with 2/ Blue tracer paint.

(c) Cutting unit boundaries and other trees that shall be left uncut are Marked by Forest Service with 2/ Orange tracer paint.

Contractor may select cut trees in cutting units 3/ N/A without pre-harvest marking in accordance with the criteria in (a). If specified in (a) Contractor shall Mark leave trees in cutting units 4/ 2, 3, 5, 6, 8, 9, 15, and 16 with Contractor’s non-tracer 2/ white paint for inspection and approval by Forest Service prior to cutting.

Marking Guides for Units 2, 5, 6, 8, 9, 15, and 16

A. Sawtimber and Non-sawtimber Lodgepole Pine Stand Type: Thinning should remove 20-40% of the existing basal area for any given area, to an average of 80-120 BA. Thin across all diameter classes to reach the average basal area leaving well-formed disease free trees with crown ratios of 30% or greater when present.

Aspen Stand Type: Aspen areas are defined as an area where aspen reaches a diameter of 8.0 inches or greater DBH and there are 30 or more stems on 0.25 acre. In aspen areas cut all lodgepole pine intermingled with aspen and an additional 20-40 feet around the aspen from the edge of the aspen stand.

All Stand Types: Other preferences

Only cut live lodgepole pine.

Conifer species other than lodgepole pine should be counted towards the residual BA goal in lodgepole pine stand types.

Do not count aspen in spacing guidelines or BA goals and do not cut any aspen (except for operational purposes if needed).

Trees selected for retention should have crown ratios >30% and be free of damage

The units contain ORANGE marked trees which are not to be cut (except for operational purposes if needed).

B. Biomass

Thin biomass trees to a residual spacing of 12’-15’ between biomass boles. Generally thinning from below will accomplish spacing. Favor the best formed, most vigorous individuals of desired species that are free of insects and disease.

Only cut lodgepole pine. Leave all other species uncut.

Do not count aspen in spacing guidelines and do not thin any aspen.

In aspen areas (see above for definition) cut all lodgepole pine intermingled with aspen and an additional 20-40 feet around the aspen from the edge of the aspen stand.

Cut all trees with a Dwarf Mistletoe Rating (DMR) ≥ 2. Cutting of lodgepole pine trees with DMR > 2 would take priority over spacing requirements.

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Units 2, 5, 6, 8, 9, 15, and 16 require the contractor to mark leave trees prior to cutting. A total of two acres of sample marking for all units is required and must be approved by the Forest Service prior to cutting. The contractor must notify the Forest Service of sample marking upon completion at which point the Forest Service has five days to inspect sample marking.

Marking Guides for Unit 3

A. Non-sawtimber and Biomass In general thinning from below will be used to accomplish spacing. Thin non-sawtimber and biomass trees to a residual spacing of 12’-15’ between non-sawtimber and biomass boles. Favor the best formed, most vigorous individuals of desired species that are free of insects and disease.

Only cut lodgepole pine. Leave all other species uncut.

Do not count aspen in spacing guidelines and do not thin any aspen

In aspen areas (see above for definition) cut all lodgepole pine intermingled with aspen and an additional 20-40 feet around the aspen from the edge of the aspen stand.

Cut all trees with a Dwarf Mistletoe Rating (DMR) ≥ 2. Cutting of lodgepole pine trees with DMR > 2 would take priority over spacing requirements.

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K-C.3.5.6# - INDIVIDUAL TREES (LEAVE TREE MARKING). (11/06) Notwithstanding C.3.5, all live, dead and windthrown trees meeting utilization standards in A.2, in units shown as LTM on the Contract Area Map, are designated for cutting. Trees to be left uncut are marked above and below stump height as shown in the table below.

Leave Tree Marking Table

Cutting Unit Paint Color 1, 4, 7, 10, 11, 12, 13, 14, 17 Orange

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K-F.3.6# - SNOW REMOVAL. (11/06) Snow removal shall be done in a manner to preserve and protect the roads to insure safe and efficient transportation and to prevent unacceptable erosion damage to roads, streams, and adjacent lands.

A. Description. Snow removal work by Contractor shall include:

1. Removal of snow from entire road surface width including turnouts.

2. Removal of snow slides, minor earth slides, fallen timber and boulders that obstruct normal road surface width including turnouts.

3. Maintain drainage so that the drainage system will function efficiently.

B. Performance. All items of snow removal shall be done currently as necessary to insure safe, efficient transportation. Work shall be done in accordance with the following minimum standards of performance.

1. Removal of material. All debris, except snow and ice, that is removed from the road surface and ditches shall be deposited away from stream channels at agreed locations.

2. During snow removal operations, banks shall not be undercut nor shall gravel or other selected surfacing material be bladed off the roadway surface.

3. Ditches and culverts shall be kept functional during and following roadway use.

4. Snow berms shall not be left on the road surface. Berms left on the shoulder of road shall be removed and/or drainage holes shall be opened and maintained. Drainage holes shall be spaced as required to obtain satisfactory surface drainage without discharge on erodible fills.

5. Dozers and skidders shall not be used to plow snow on system roads without written approval of Forest Service. Upon approval, dozers and skidders must be equipped with shoes or runners to keep the plow blade a minimum of 4 inches above the road surface unless specifically removed from the requirements in writing.

6. Snow must not be removed to the road surface. A minimum ___4____ inch depth must be left to protect the roadway.

7. Contractor's damage from, or as a result of, snow removal shall be restored in a timely manner.

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K-G.2.2.0# - PROTECTION OF IMPROVEMENTS (ROADS). (11/06) In order to prevent unacceptable damage to bituminous surfaced roads to be used in logging operations on this contract, Contractor's use is restricted as indicated unless agreed otherwise:

Protected Road List

ROAD

NO.

ROAD NAME

TERMINI DESCRIPTION OF

RESTRICTION FROM TO

NFSR

104R

Junction with Lake

Co. Rd.

9C

EOR

Tracked equipment is prohibited from operating on road

104U

Co. Rd. 9C

EOR

Tracked equipment is prohibited from operating on road

104V with NFSR

104U

EOR

Tracked equipment is prohibited from operating on road

104W with NFSR

104U

EOR

Tracked equipment is prohibited from operating on road

Lake Co.

Rd. 9C

Co. Rd. 9

Junction with Lake

Co. Rd. 4

Tracked equipment is prohibited from operating on road

Lake Co.

Rd. 4

FS

Boundary

MP 0.8

Tracked equipment is prohibited from operating on road

EOR- End of Road

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K-G.3.1.2# - CONTRACT OPERATION RESTRICTIONS. (11/06) Unless otherwise agreed to in writing, contract operations will be restricted as listed below:

Contract Operation Restriction Schedule

CUTTING

UNIT(S)

RESTRICTION PURPOSE

All

Unless otherwise agreed to in writing, all operations would be prohibited from from the Friday immediately preceding Memorial

Day through Labor Day.

To minimize conflict with recreationists on the east side of Turquoise Lake Recreation

Area.

All

During major recreation events additional restrictions may be imposed on purchaser’s operations per RO-K-G.3.3.3# - SAFETY

(RECREATION AREAS).

To minimize conflict with recreationists and recreation events on the east side of

Turquoise Lake Recreation

Area.

All

Unless otherwise agreed to in writing, no operations would occur from November 15 to May 1.

To minimize conflict with

Lake County Road winter closures on the east side of

Turquoise Lake Recreation

Area.

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K-G.3.3.3# - SAFETY (RECREATION AREAS). (11/06)

A. When road construction, timber cutting, or yarding is in progress within or adjacent to recreation areas, safety zones as shown on Contract Area Map shall be established and designated on the ground by Forest Service. Contractor shall, unless relieved in writing by Forest Service, provide such flagmen, post signs, erect and maintain barricades, guards, construction signs, warning signs, and detour signs as necessary to warn and protect the public at all times from injury or damage as a result of Contractor's operations.