irsc_treemeasurement_appendix_A.doc

APPENDIX A

STEWARDSHIP CONTRACT TIMBER REMOVAL SPECIFICATIONS (Tree Measurement)

The following list of Clauses may be used in any task order issued against this solicitation. If a clause that is needed is not included in this list, it may be added at the task order level by mutual agreement. The contractor’s submission of an offer for a task order is deemed to be a mutual agreement to all the clauses and terms contained in the task order.

The government reserves the right to edit all of the clauses below at the task order level. The editing will specify the terms needed for the task order.

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.1.5 Construction Timber

CT.1.6 Other Material

CT.2 Utilization and Removal of Included Timber

CT.3 Timber Designations

CT.3.1 Clearcutting Units

CT 3.2 Construction Clearing

CT 3.2.1 Specified Road Clearings

CT 3.2.2 Other Authorized Clearings

CT.3.3 Overstory Removal Units

CT.3.4 Understory Removal Units

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.4.2.1 Designated Timber Cut But Not Removed

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

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

INDEX OF APPROVED WO & RO PART K PROVISIONS

WO-KT-CT.1.1#

Timber Subject to Agreement (9/04)

RO-KT-CT.3.0.1#

Cutting Unit Boundary (11/06)

WO-KT-CT.3.5.2#

Designation by Species and Diameter (9/04)

RO-KT-CT.3.5.5#

Individual Trees (Cut Tree Marking) (11/06)

RO-KT-CT.3.5.6#

Individual Trees (Leave Tree Marking) (11/06)

RO-KT-ET.3.1#

Blanket Bond (11/06)

WO-KT-FT.1.2#

Use of Roads by Contractor (9/04)

WO-KT-FT.3.1#

Road Maintenance Requirements (9/04)

WO-KT-FT.3.2#

Road Maintenance Deposit Schedule (9/04)

RO-KT-FT.3.4#

Obliteration of Temporary Roads, Skid Trails and Landings (11/06)

RO-KT-FT.3.5#

Closure of Temporary Roads (11/06)

RO-KT-FT.3.6#

Snow Removal (11/06)

RO-KT-FT.4.1#

Closure to Use by Others (11/06)

RO-KT-GT.2.2.0#

Protection of Improvements (Roads) (11/06)

RO-KT-GT.2.2.3

Protection of Fences (11/06)

WO-KT-GT.2.4#

Site Specific Special Protection Measures (9/04)

RO-KT-GT.3.1.0#

Cutting Schedule (11/06)

RO-KT-GT.3.1.2#

Contract Operation Restrictions (11/06)

RO-KT-GT.3.3.3#

Safety (Recreation Areas) (11/06)

RO-KT-GT.4.1.1#

Felling and Bucking (Special Objectives) (11/06)

RO-KT-GT.4.2#

Skidding and Yarding (Special Objectives) (11/06)

RO-KT-GT.4.3#

Felling Restrictions in Serotinous Lodgepole Pine Units (11/06)

RO-KT-GT.4.6

Conduct of Logging (Spruce Beetle Trap Areas) (11/06)

RO-KT-BT.4.7

Conduct of Logging (In Other Than Engelmann Spruce Beetle Trap Areas) (11/06)

RO-KT-GT.5.0#

Streamside Management Zones (11/06)

RO-KY-GT.6#

Erosion Prevention and Control (11/06)

RO-KT-GT.6.0.1#

Erosion Control Seeding (11/06)

RO-KT-GT.6.0.2#

Protection of Disturbed Areas from Establishment of Noxious Weeds (11/06)

WO-KT-GT.6.2#

Site Specific Wetlands Protection Measures (9/04)

RO-KT-GT.7#

Slash Treatment (11/06)

RO-KT-GT.7.1

Changes in Slash Treatments (11/06)

RO-KT-GT.7.3#

Timing of Slash Disposal (11/06)

RO-KT-GT.8#

Measuring (11/06)

RO-KT-GT.8.1#

Accountability (11/06)

RO-KT-HT.2

Fire Precautions (11/06)

WO-KT-IT.6.8#

Use of Timber (Option 1) (9/04)

Division AT

AT 1 - Location and Area:

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

AT2 - 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) 1/

Timber Subject to Agreement

Total Quantity

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

AT3 - Timber Designations, acres are approximate:

Subdivision

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)

AT5 – Timber Payment Rates AT5b – For Species and Products to be Paid for at Flat Rates

Rates per Unit of Measure Species

Product

Unit of

Measure Base

Advertised

Bid Premium

Bid (Flat)

Required Deposits

Slash

Disposal

AT8 - High Stumps

(inches)

AT9 - Specified Roads

Name and Date of Governing Road Specifications:

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

AT.4.3 – Schedule of Payment Units

Payment

Unit

Number Approx.

Acres To be Paid for at Flat Rates under AT.4.2

Total

Flat

Rate

Payment

Total

Required

Deposits For Slash

Disposal $

Measure

APPLICABLE REGIONAL PROVISIONS MAY BE ADDED

UNITED STATES DEPARTMENT OF AGRICULTURE

Forest Service

TIMBER REMOVAL SPECIFICATIONS

PROVISIONS 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 Provisions 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 Provisions also apply to Special KT Provisions with the same numbers. These provisions are applicable only to the timber removal portion of the Hazardous Tree Removal Stewardship Contract except where otherwise specifically referenced.

BT.0—CONTRACT AREA

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

(a) Identified claims limiting Contractor's rights;

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

(c) Boundaries of cutting units;

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

(e) Specified Roads listed

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

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

(h) Roads and trails to be kept open;

(i) Improvements to be protected;

(j) Locations of known historical sites;

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

(l) Skidding or yarding methods specified;

(m) Streamcourses to be protected; and

(n) Other features required by Division C.

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, windthrown, suffer serious damage, or die, as designated by agreement.

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

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

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

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

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 under FT.2.

CT.3.2.1 Specified Road Clearings. Timber within the clearing limits of Specified Roads is within separate Payment Units, as shown on Contract Area Map, and the quantities are in Division AT. 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.3.3 Overstory Removal Units. All trees within “Overstory Removal Units” are designated for cutting when they meet Utilization Standards and equal or exceed the diameter limits shown on Contract Area Map.

CT.3.4 Understory Removal Units. All trees within “Understory Removal Units” are designated for cutting when they meet Utilization Standards and are smaller than the diameter limits shown on Contract Area Map.

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 and B2 of the Schedule of Items.

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

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.

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

(a) Timber at Current Contract Rates,

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

(c) Cooperative work at rates established by specific agreement,

(d) Other charges provided in this contract.

Cash deposits and Stewardship Credits shall be recorded currently in such account. Charges for timber cut shall be made when Forest Service prepares and furnishes to Contractor periodic statements of quantity and value of such timber. Charges against Stewardship Credits shall be limited to timber value in excess of Base Rates and Required Deposits.

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 provisions 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 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.

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

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

All hammer brands and/or highway-yellow paint must remain on logs until they are domestically processed. Contractor shall replace identifying marks if they are lost, 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 Advance Deposits, Section G of PART I, shall be considered to be paid for. Title to any Included Timber that has been cut, scaled and paid for, but not removed from Contract Area or other authorized cutting area by Contractor on or prior to contract termination, shall remain in Forest Service.

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 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.

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.

INSERT WO AND REGIONAL KT PROVISIONS AS NEEDED AND NOT IN CONFLICT WITH PART I SECTIONS OF THIS CONTRACT.

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

that shall be Included Timber upon written agreement.

RO-KT-CT.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 WO-KT-CT.3.5.2# – DESIGNATION BY SPECIES AND DIAMETER. (9/04) Trees that meet Utilization Standards are designated for cutting, as shown on the Tree Designation Table and Contract Area Map, except trees Marked with 4/_______ paint or described to be left uncut.

Tree Designation Table

Species 1/ More than

Stump Diameter

(inches) 2/ Less than

Stump Diameter

(inches) 2/

Additional trees to be cut, if any, are Marked with 4/_______ paint.

All 1/_______ shall be left as leave trees, unless Marked with 4/_______ paint. Leave 1/_______ trees of the designated cut species, 2/_______ inches stump diameter or greater, to avoid leave tree spacing greater than 3/_______ feet. Cutting unit boundaries and other trees that shall be left uncut are Marked with 4/_______ paint.

Distances are measured horizontal distance, outside bark stump height to outside bark stump height. Stump diameter is measured outside bark at stump height in a horizontal plane and is the average of a measurement across the short axis through the true center of the stump and a second measurement at right angles to the short axis.

Contractor and Forest Service shall agree to skid trail location under GT.4.2.2. Skid trails shall be no greater than _______ feet wide with a _______ foot spacing. Quantities of trees located in skid trails (are) (are not) Included Timber under AT.2.

RO-KT-CT.3.5.5# - INDIVIDUAL TREES (CUT TREE MARKING). (11/06) Notwithstanding CT.3.5, individual trees are designated for cutting only if marked above and below stump height as show in the table below:

Cut Tree Marking Table

Cutting Unit

Paint Color RO-KT-CT.3.5.6# - INDIVIDUAL TREES (LEAVE TREE MARKING). (11/06) Notwithstanding CT.3.5, all live, dead and windthrown trees meeting utilization standards in AT.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

Paint Color RO-KT-ET.3.1# - BLANKET BOND. (11/06) If Contractor furnishes an acceptable bond or deposits securities, in accordance with ET.2, to guarantee payment for timber from this and other timber contracts within the same Contracting Zone, the amount of such bond or deposited securities shall be allocated to such contracts by Forest Service. When there is to be no timber cutting hereunder for 30 calendar days or more and payment of current charges has been made, the allocation to this contract shall be reallocated to other contracts at Contractor's request, and Contractor shall not start cutting hereunder until this contract receives an allocation which will meet the obligation for payment guarantee.

A Contracting Zone as stated in this provision contains the following National Forests:

Contracting Zone

National Forests

NZ

Bighorn National Forest

Medicine Bow-Routt National Forests

Arapaho/Roosevelt National Forest

Shoshone National Forest

White River National Forest

KT-FT.1.2# – USE OF ROADS BY CONTRACTOR. (9/04) Contractor’s use of existing roads identified on Contract Area Map by the following codes is prohibited or subject to restrictive limitations, unless agreed otherwise:

Code

Use Limitations

X

Hauling prohibited

R

Hauling restricted

U

Unsuitable for hauling prior to completion of agreed reconstruction

P

Use prohibited

A

Public use restriction

W

Regulation waiver

KO

Keep Open

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

Restricted Road List

Road

Number

Legend Description of

Restrictions

KT-FT.3.1# – ROAD MAINTENANCE REQUIREMENTS. (9/04) Contractor shall maintain roads in accordance with the following Contract Road Maintenance Requirements Summary:

Contract Road Maintenance Requirements Summary

P = Contractor Performance Item, D = Deposit to Forest Service, D3 = Deposit to Third Party

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

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

The Required Deposits for Forest Service work in lieu of Contractor performance and for deferred maintenance is: $__________ per 1/__________.

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

2/

RO-KT-FT.3.4# - OBLITERATION OF TEMPORARY ROADS, SKID TRAILS AND LANDINGS. (11/06) Unless otherwise agreed in writing, temporary roads, skid trails and landings associated with the cutting unit(s) listed in the following table shall be obliterated using the method described.

Cutting Unit(s) Type of Facility Closure Method

RO-KT-FT.3.5# - CLOSURE OF TEMPORARY ROADS. (11/06) Unless otherwise agreed to in writing, temporary roads associated with the cutting unit(s) listed in the following table shall be closed using the closure method described.

Unit

Closure Method RO-KT-FT.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 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 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.

RO-KT-FT.4.1# - CLOSURE TO USE BY OTHERS. (11/06)

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

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

Gate Location(s)

Furnished By 1/ Gate

Installed By 1/ In Place 3/

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

Installation of barricades, which may include earth berms, logs, timber, rock, metal railing, etc., in accordance with details attached hereto and made a part hereof, including the proper barricade and closure signing.

Scarify, seed, and fertilize these travel ways full width as described in KT-GT.6.0.1#. Recontour or reshape cut or fill slopes in accordance with details attached hereto and made a part hereof; seed, scarify, and fertilize as described under KT-GT.6.0.1#; pull existing drainage structures; haul designated culverts to approved stockpile site, or other work needed to obliterate or put road to bed as described in attached road logs or details. Construct cross ditches by cutting a dip at least six (6) inches deep in the road surface and mounding the excavated material along the downgrade edge of the dip. Dips shall be cut at a sufficient angle so that they will drain to the outside of the road. They shall cross the entire width of the roadbed and be constructed at the following spacing:

Close and Lock Existing Gate(s)

Closure Location(s)

By 1/ In Place 3/

During the life of this contract, Contractor is authorized to install temporary barricades on the roads designated "To Be Closed." Gates with adequate and protected locks may be considered a temporary barricade. Temporary barricades shall be installed so that they may be readily opened by Contractor or Forest Service for access to Contract Area in case of fire or other emergency. Official vehicle traffic shall also include administrative traffic by Forest Service and other landowners for the administration of their lands. Contractor shall provide and post approved signs as authorized by Forest Service.

C. Contractor's Operations in areas otherwise closed to motorized vehicle. During the period to __________when Contractor's Operations are in areas otherwise closed to motorized vehicles, Contractor shall not be permitted to hunt, transport hunters, discharge firearms, or transport big game animals with vehicles within the closed areas.

RO-KT-GT.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 (KT-GT.2.2.0#)

Road Road

No.

Name Termini Description of Restrictions RO-KT-GT.2.2.3 – PROTECTION OF FENCES. (11/06) Unless otherwise agreed to in writing, all fences, as designated on Contract Area Map, which are required to be cut because of temporary road construction, skid road construction, or other logging activities, shall not be cut until the fence has first been "line braced" or "fence braced," to prevent loss of tension, on both sides of the wire span or series of short spans to be cut.

The Contractor shall install temporary cattleguards in accordance with attached plans at each location where the fence is cut for temporary road access unless otherwise approved in writing by Forest Service. All fences will be restored promptly after logging to the condition existing immediately prior to logging. Fence repair will be kept current with logging operations.

KT-GT.2.4# – SITE SPECIFIC SPECIAL PROTECTION MEASURES. (9/04) Special protection measures needed to protect known areas identified on Contract Area Map or on the ground include: 1/ Cultural Resource Protection Measures:

Wildlife and Botanical Protection Measures:

Cave Resource Protection Measures:

RO-KT-GT.3.1.0# - CUTTING SCHEDULE. (11/06) Unless otherwise agreed to in writing, Included Timber shall be cut and removed from Contract Area according to the following schedule:

Cutting Schedule

Completion Date and/or Sequence of Cutting

RO-KT-GT.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 Payment Unit/Cutting Unit Restriction

Purpose

RO-KT-GT.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. In addition, Contractor shall provide a watchman for the area whose sole duty shall be to warn and advise the public of any hazards present in the areas as a result of this contract.

All flagging of traffic, all furnishing, placing and maintaining of barricades, danger signs, detour signs, warning signs, and lighting devices shall conform to the requirements in Part of the issue of the "Manual on Uniform Traffic Control Devices for Streets and Highways," U.S. Department of Commerce, Federal Highway Administration.

B. During periods of general recreation activity within Contract Area or vicinity, Forest Service may restrict road construction, timber cutting, yarding, and other logging operations to days other than Saturdays, Sundays, and holidays as listed in KT-GT.3.1.2#.

In the event that Forest Service determines that the safety of recreation activity is endangered by Contractor's operations, all or part of Contractor's operations may be temporarily suspended, or in lieu thereof, where agreement can be reached, precautions in addition to those set forth herein may be designated.

RO-KT-GT.4.1.1# - FELLING AND BUCKING (SPECIAL OBJECTIVES). (11/06) Unless otherwise agreed in writing, silvicultural prescriptions and land management objectives shall be conducted and accomplished by the following requirements, methods and procedures:

Special Objectives

RO-KT-GT.4.2# - SKIDDING AND YARDING (SPECIAL OBJECTIVES). (11/06) Unless otherwise agreed in writing, silvicultural prescriptions and land management objectives shall be conducted and accomplished by the following requirements, methods and procedures:

Special Objectives

RO-KT-GT.4.3# - FELLING RESTRICTIONS IN SEROTINOUS LODGEPOLE PINE UNITS. (11/06)

There shall be no felling of lodgepole pine within the following serotinous units numbered on the Contract Area Map during the period August 15 through September 15 because of the unpredictable weather conditions affecting the opening of serotinous cones.

RO-KT-GT.4.6 – CONDUCT OF LOGGING (SPRUCE BEETLE TRAP AREAS). (11/06) In order to reduce or control native populations on and adjacent to Contract Area, and to prevent buildup of epidemic populations of the Engelmann Spruce Beetle in logged areas, Contractor's operations within the beetle trap areas shown on Contract Area Map are subject to one or more of the following as approved in writing by Forest Service representative:

Right-of-way to be cleared in constructing roads may be designated Spruce Beetle Trap Areas. The right-of-way trees shall be felled between September 1 and October 31 of the year before they are to be removed from the road area. Products may be decked during this period to permit orderly debris disposal and road construction. Loading and removal from the road area of these pre-felled trees shall not start before August, and shall be completed by October 31 of the year following felling.

Fall or fall and buck all trees in the beetle trap area in advance of planned yarding and loading. The trees shall be felled between September 1 and October 31 of the year before they are to be logged. Logging and removal from Contract Area of these pre-felled trees shall not start before August and shall be completed by October 31 of the year following felling.

Fall and leave trees specifically marked in the beetle trap areas in advance of the planned yarding and loading of these pre-felled and adjacent trees. The trees shall be marked in small groups. Such trees shall be felled between September 1 and October 31 of the year before they are to be logged. Logging and removal from Contract Area of these pre-felled trees are to be logged separately, or Forest Service may require that all trees in the trap area be felled and logged with the pre-felled trees.

Substitute beetle trap areas may be designated by mutual agreement provided the total acreage of applicable beetle trap areas, other than that included in road right-of-way, does not exceed the sum of those areas shown on Contract Area Map.

No part of this provision shall unnecessarily delay completion of Contractor's Operations nor be cause for Contract Term Extension.

RO-KT-GT.4.7 – CONDUCT OF LOGGING (IN OTHER THAN ENGELMANN SPRUCE BEETLE TRAP AREAS). (11/06) In order to prevent a buildup of endemic to epidemic populations of Engelmann Spruce Beetle in and adjacent to the Contract Area, felled live Engelmann Spruce trees other than those within designated Engelmann Spruce Beetle Trap Areas (KT-GT.4.6) shall be removed from the Contract Area by no later than October 31 of the year following felling, unless otherwise agreed to in writing. (Trees felled in one calendar year must be removed by October 31, of the following year.)

In the event Contractor has elected Forest Service construction of specified roads and upon notification by the Forest Service that…