4_Red_Tsunami_Task_Order_Final_STEW_IDIQ_20161201.doc

RedTsunami Task Orders

Contract No.

Project Name:

Requisition No.

Issue Date:

Red Tsunami

Contractor:

Telephone:__________ DUNS No.________ Issuing and Billing Office:

Central California Acquisition Service Area Tahoe National Forest

631 Coyote Street

Nevada City, CA 95959

Submit Task Order Responses to:

Government Point of Contact:

TASK ORDER NAME AND DESCRIPTION:

RED TSUNAMI- NORTH TASK ORDER, CENTRAL TASK ORDER, SOUTH TASK ORDER

STANISLAUS NATIONAL FOREST SERVICE

3 separate Task Orders are included in this Task order solicitation. All three task orders are intended to be awarded upon award of the Parent IDIQ contracts.

Task orders may be awarded individually to separate contractors, or multiple task orders could be awarded to one contractor presenting the Best Value for each individual task order. See Evaluation Criteria and Proposal submittal requirements in the parent solicitation for how awards will be determined.

SPECIAL INSTRUCTIONS:

See Attachments for additional terms and conditions.

The Period of Performance:

Task Order performance is from the Date of Award through 11/15/2017

Contractor: (Name and Signature)

Business Address:

Contact Information:

Phone #:

Email address:

Requested By: (Name and Signature)

COR:

Ordered By: (Name and Signature)

Contracting Officer

Original to CO, CC to Contractor and COR A task order Is Not Valid Until Signed By The Contracting Officer

FORMCHECKBOX

If this block is checked, the Contracting Officer’s signature represents a Notice to Proceed as of the Order Date.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1

GENERAL INFORMATION:

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. Refer to Section L for instructions on preparing your proposal and pricing.

Bonds: Bid Bonds, Payment Bonds, and Performance Bonds are not required for this project.

All Contractors must be actively registered in the System for Award Management (SAM) (https://SAM.gov) to be eligible for award under this solicitation. If not actively registered by time of proposal evaluations, you will be found non-responsive. Registration in SAM is a free service – you do not need to pay to register in this system. If your registration is not active, you will not be considered for award.

B.2

SCHEDULE OF ITEMS

B.2.1 MANDATORY WORK ACTIVITIES:

TASK ORDER:

NORTH

Contractor Name

Mandatory work activities

TASK ORDER:

CENTRAL

Contractor Name

Mandatory work activities

TASK ORDER:

SOUTH

Contractor Name

Mandatory work activities

B.2.2 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

Timber Subject to Agreement

Task Order: North

Task Order: Central

Task Order: South

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

NOTE: Price Proposals MUST be provided on ALL Items in Schedules: Mandatory Work and Option Work Activities and Timber or other products Removal Price Schedule. Unit prices prevail.

B.3 LAND MANAGEMENT ACTIVITIES. Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-2.1 will be made in Stewardship Credits in lieu of cash, as defined in Section G. All Base Work Activities shall be performed. Optional activities are listed in order of planned priority.

SECTION C – DESCRIPTION/ SPECIFICATIONS/STATEMENT OF WORK

C.1 AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2 Project Description

(a) Description of Work – The purpose of this project is to remove dead and dying hazardous trees along Forest Service roads and private property boundaries. Designated trees will be mechanically or hand felled, skidded to roadside landing locations and decked for removal. Trees that are designated for cutting are all dead or dying trees as described in Appendix B that are within 1.5 tree lengths of National Forest System roads or private property boundaries.

(b) Project Location – The project area is located within the Counties of Tuolumne and Mariposa on the Groveland Ranger District of the Stanislaus National Forest. The project area includes primary evacuation route roads, private property boundaries, and key fuel breaks around the communities of Smith Station, Hells Hollow, Greeley Hill, Date Flat, and Dogtown. The locations of the work areas have been identified on the attached maps. Area included is based on the tree length of all dead and dying trees adjacent to system roads or private property boundaries. Contractor may be required to navigate work areas using a Global Positioning System (GPS).

C.3 Specifications Specifications for each Stewardship Activity individually described by an item number in Schedule B pages can be found in Appendix A. Specifications for timber removal can be found in Appendix B. Road Maintenance plans and specifications can be found in Appendix C.

C.4 Priority of Work and Work Conditions The Contracting Officer may specify the priority of work by item or sub-item (unit) within an item, without additional cost. Work may be performed at any time during the period of the contract, except during the following conditions:

a. In accordance with the fire plan in Section J.

b. When the Contracting Officer determines that adverse weather has made access or project production, unacceptable, too dangerous or ground damaging, or continued vehicular travel would cause unacceptable road damage.

c. Between dusk and dawn (unless otherwise agreed upon by the Contracting Officer and the Contractor).

d. On Sunday (unless otherwise agreed upon by the Contracting Officer and the Contractor).

e. Controlled Areas

Identified as "CA-1 and CA-2" on Task Order Map. Unless otherwise agreed, no operation will be permitted w/in areas flagged with orange/white and blue/black candy-striped flagging and/or posted with "Area Controlled" signs. Any operations (including the removal of trees) within cultural management boundaries will require compliance with Section 106 of the National Historic Preservation Act of 1966. By written agreement, in certain cultural sites within work areas, removal of trees designated within the perimeter of sites will be approved if Contractors equipment is capable of mechanically cutting and placing the timber outside of the site without disturbance to the site features.

Identified as CA-3 on Task Order Map (Sensitive Plants). Unless otherwise agreed, no ground disturbing activities are permitted within areas flagged in orange & black candy-striped flagging. Any slash or debris resulting from tree felling operations occurring w/in flagged perimeters is to be removed manually by Contractor.

Identified as CA-4 on Contact Area Map (Frog Exclusion). Unless otherwise agreed, no ground disturbance or piling within 50 feet, and no mechanized equipment within 100 feet of waterbodies as shown on Task Order Map.

C.5 Task Order Map The location of Cutting Units are as shown on the attached "Task Order Map," which is made a part hereof, and were, before solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Cutting Units and their approximate acreage are stated in Appendix B. Cutting Units may be revised and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Task Order Map:

(a) Identified claims limiting Contractor's rights;

(b) Boundaries of cutting units;

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

(d) Roads listed

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

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

(g) Roads and trails to be kept open;

(h) Improvements to be protected;

(i) Locations of known historical sites;

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

(k) Skidding or yarding methods specified;

(l) Streamcourses to be protected;

(m) Other features required by Appendix B; and

(n) Boundaries of stewardship work activities.

C.6 PERIOD OF PERFORMANCE (FEB 1988)

See Task Order form(page 1).

C.7 FAR 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

C.8 EVALUATION CRITERIA:

These task orders will be used to determine price reasonableness for the award of the Parent IDIQ contracts. The Evaluation Criteria and instructions are contained in the original solicitation documents.

C.9 GOVERNMENT FURNISHED PROPERTY:

None

C.10 CONTRACTING OFFICER’S REPRESENTATIVE:

Name: Kyle Hampton

Telephone Number: 209-962-7825 ext. 563

C.11 LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

TASK ORDER MAPS (Attached Separately)

Service Contract Act Wage Determination #77 (attached separately)

APPENDIX A – Red Tsunami Stewardship

Task Orders and the associated cutting units for non-sawlog harvesting are listed in the table below. Task Orders will be awarded separately. Specific details designating Timber Subject to Agreement is described in the Activity descriptions in subsequent sections, and in Appendix B.

Number

Of Trees

Acres* Timber Subject to Agreement

1,707 1,846

Total

Total

Dead and dying trees greater

1,148

1,132 than 3 inches DBH**

Total

*Estimated Acres - based on 200 foot buffer from road edge and property boundaries. Actual area of cutting unit is designated by hazard tree length (one and a half times) from road edge or property boundary.

** DBH – diameter of tree taken at 4.5 feet from the ground on the uphill side

ACTIVITIES REQUIRED FOR ALL TASK ORDERS

1. Harvesting of non-sawlog products:

1.1 Cutting/Harvesting Specifications: Unless otherwise agreed, within specified cutting units, the Contractor shall cut and remove to landing or designated disposal site, all dead or dying trees as designated in Appendix B, K-C.3.5.3# Designation by Damage Class, or any additional tree marked with blue tracer paint above and below stump height. Minimum specifications of Timber Subject to Agreement are identified in Division AT of Appendix B. The contractor shall not fall or remove any tree marked with orange, pink, or red tracer paint above and below stump height or otherwise designated for retention. If a tree marked for retention is a hazard to operations, the tree may be felled, limbed, topped and left in place. If the COR determines that there is insufficient space at the landing or disposal site to safely accommodate all the material, excess material will be disposed of at an alternate disposal site agreed upon by both parties.

1.1.1. Cutting Unit Boundaries: Cutting units are identified on each task order map. Cutting unit boundary corners (where meeting a forest system road or private property boundary) are designated by pink painted two vertical dots at eye level facing into the unit and vertical lines facing the boundary direction. Boundary corners are also painted with the identified cutting unit number and white flagging. Cutting unit boundaries are within one and a half tree lengths of the road edge or private property boundary flagged in red with metal signs.

When it is necessary to delete previously marked trees, an unique tree marking paint color such as black will be marked over or adjacent to the original mark. Any black tracer paint cancels the previous paint color.

1.1.2. Equipment Specifications: Unless otherwise agreed, within all cutting units, Contractor shall transport designated cut trees to landings or disposal sites using mechanized equipment. Equipment used at landings or disposal sites shall be capable of decking and piling tree boles and associated slash as specified in Section 1.2, Decking and Piling Specifications. Such equipment must be capable of operating on slopes up to 35%. Notwithstanding above, hand felling using chainsaws may be required in or adjacent to sensitive areas to protect resources from unnecessary damage. Equipment trails shall be agreed to in advance of cutting and shall be flagged on the ground. Contractor shall stage-log by cutting and transporting trees designated for cutting in two or more separate operations when necessary to prevent undue damage to the resources or residual trees.

1.1.3. Limitations for Cutting and Skidding/Yarding Equipment:

1.1.3.1. Slope: Equipment shall be limited to slopes of 35% or less except for short pitches (less than 100 feet) on slopes up to 45%.

1.1.3.2. Whole tree yarding: Unless otherwise agreed, within all cutting units, trees smaller than 20 inches DBH shall be skidded/yarded to agreed landing locations prior to limbing, bucking, and lopping. Trees larger than or equal to 20 inches DBH shall be bucked into two or more pieces with the butt portion being no longer than 41 feet prior to skidding/yarding. The butt log shall be limbed prior to skidding/yarding.

1.1.3.3. Directional Felling: Unless otherwise agreed, Included Timber and other products designated for cutting and removal shall be directionally felled away from lava caps, meadows, hardwoods, fences, gates, cattle guards, distribution lines, survey monuments, controlled areas, reserve trees, sensitive plants, noxious weeds, streamcourses, NFS trails and other ownership with the use of specialized equipment. Such directional felling shall not be required when in the faller’s judgment it is unsafe to do so.

1.1.3.4. Suspend: Trees or portions of trees shall be moved to landings or disposal sites with leading end clear of ground.

1.2 Decking and Piling Specifications: Contractor shall deck all tree boles and machine pile associated slash as defined in specifications below. Vegetative debris larger than 3 inch in diameter outside bark and 4 feet long resulting from Contractor's Operations is Logging Slash.

1.2.1 Logging Slash shall be gathered and placed into piles that are as tight and dirt free as possible. Piles that are not a minimum of 90 percent dirt free will require rebuilding. Unless otherwise agreed piles shall be located at least 25 feet from the nearest live tree, remaining dead or dying trees, streamcources, or control areas. Placement of piles should be as close, but no closer than 15 feet to Forest Service system roads, where practical. Soil and duff will not be piled. Piles shall be no less than 4 feet in height or greater than 20 feet in height. Material extending 3 feet or more outside the edge of a pile shall be trimmed. An 8 foot fuelbreak shall be cleared of all but fine material around each Machine Pile and an 18 inch wide fireline shall be cleared to mineral soil around the outer ring of the fuelbreak. In areas where there is a potential for burning material to roll, firelines, including those for Machine Piles, shall be trenched on the downhill side of each pile to adequately prevent material from crossing firelines. Trenches shall be constructed by hand unless otherwise agreed. In addition to trenching, material shall be piled perpendicular to the slope to prevent it from rolling.

Measures to be taken by Contractor for treatment of Logging Slash are set forth below unless otherwise agreed in writing. Forest Service and Contractor shall jointly develop a schedule for completion of slash treatment on the various portions of Contract Area prior to Contractor’s Operations. All logging slash generated from operations shall be treated by Contractor according to specified slash treatment methods shown on the Task Order Maps and listed in the following tables by the following symbols:

1.2.2 Unit Slash Treatment Requirements: Contractor shall treat all slash in accordance with the Slash Treatment method specified in the table below for each cutting unit. By agreement alternate methods of slash treatment may be accepted within treatment units.

Slash Treatment

1.3 Road Maintenance: The Contractor shall maintain roads utilized for operations in accordance with requirements and technical specifications described in Appendix C Road Maintenance.

GOVERNMENT QUALITY ASSURANCE PLAN

Inspection: Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control. The Contractor shall conduct inspections on all units in accordance with the Contractor’s Quality Control Plan included in the Contractor’s technical proposal which is made part of this contract.

The contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts.

Acceptable Quality Level for Harvest and Related Subtasks:

Forest Service Inspection – The Forest Service shall conduct inspections of the Contractor’s work to determine compliance with the contract specifications and determine a basis for making payment. Inspections will consist of a visual walk-through inspection of the work performed and will be based on adherence to the Acceptable Quality Level (AQL) for the tasks and critical sub-tasks. The Forest Service may also install a series of inspection plots to check for compliance to AQL.

Acceptable Quality Level for Harvest and Related Subtasks – Within cutting units, all trees designated for cutting are cut and removed to designated landings or disposal sites. No un-designated trees are cut or removed. No more than 2% (cumulative) of the residual leave trees are damaged by the contractors operations. Except as otherwise agreed, 95% of specified logging slash is piled within cutting unit. All cut material is removed within the required time period. 95% of cut stumps are within the specified stump height. All slash generated at the landing is piled and 95% of the machine piles meet the specifications for constructing machine piles. 95% of the required erosion control measures conform to the contract. All work is completed within the specified contract time.

Acceptance – Work will be accepted when it is determined by the visual inspection or plot data that the Contractor’s work conforms to the Acceptable Quality Level (AQL) for the task and critical sub-tasks. Missed areas within the work unit will not be considered a part of the work being inspected and must be re-worked regardless of the results of the inspection of the work completed in the unit. Work units that do not comply with the Acceptable Quality Level for the task and critical subtask are un-acceptable and shall be reworked.

APPENDIX B

STEWARDSHIP CONTRACT TIMBER SUBJECT TO AGREEMENT REMOVAL SPECIFICATIONS

Division A

Location and Area:

Groveland Ranger District

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) Merch.

Factor

Timber Subject to Agreement

Task Order : North

Combined Softwoods

Combined Softwoods

Task Order : Central

Combined Softwoods

Combined Softwoods

Task Order : South

Combined Softwoods

Combined Softwoods Cull Logs

Biomass

Cull Logs

Biomass

Cull Logs

Biomass 4,069 1,963 2,276

CCF

CCF

CCF

CCF

CCF

CCF

16.0

3.0

16.0

3.0

16.0

3.0

Total Quantity

* Task Orders will be awarded separately.

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)

Incompletely Measured (C.3)

Designation by Description or Prescription (K-C.3)

321, 286, 315

High Stumps Species Product Maximum Stump Height (inches) All

All

12 inches

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 Red Tsunami 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:

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

C.1.2 Substandard Timber. Live and dead trees that:

(a) Do not meet Utilization Standards and

(b) Are located in Clearcutting Units or construction clearings or are otherwise designated for cutting.

C.1.3 Damaged Timber.

C.1.3.1 Damaged by Contractor. Undesignated live trees meeting Utilization Standards (a) within 200 feet slope distance from centerline of roads constructed hereunder which are damaged by Contractor's construction to the extent that considerable deterioration or mortality is imminent and are designated by Forest Service for felling before the nearest road segment is substantially completed; or (b) which are damaged by Contractor in logging and are subsequently Marked before Contractor has completed skidding or yarding operations in the immediate area. By agreement, such trees may be left without charge if their removal would cause undue damage or be grossly uneconomic.

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

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

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

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

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

C.2 Utilization and Removal of Included Timber. “Utilization Standards” for trees and minimum pieces are stated in Division A. To meet minimum tree specifications, trees must equal or exceed tree diameters listed in Division A and contain at least one minimum piece. Except for timber required or authorized to be left, Contractor shall fell and buck such trees and shall remove from Contract Area all pieces that:

(a) Meet minimum piece standards in Division A or,

(b) Do not meet such standards, but would have qualified as part of minimum pieces if bucking lengths were varied to include such material.

C.3 Timber Designations. Timber designated for cutting shall be confined to Contract Area, except as otherwise provided. Contract Area Map indicates subdivisions, if any, where Marking is to be done after 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.3.1 Clearcutting Units. All trees that meet Utilization Standards within “Clearcutting Units” are designated for cutting.

C.3.2 Construction Clearing. All timber is designated for cutting that is within the clearing limits of roads constructed hereunder or is in other authorized clearings. All dead or unstable live trees are designated for cutting that are sufficiently tall to reach Contractor’s landings, work areas, or the roadbed of Specified and Temporary Roads when Marked in advance of work in the immediate area. Pieces meeting Utilization Standards from such dead or un-stable live trees shall be removed, unless there is agreement that to do so could damage the road. Such designation may be revised as part of agreed changes in road locations.

C.3.2.2 Other Authorized Clearings. Timber within authorized clearings for Temporary Roads, landings, or other construction clearings is designated for cutting. Quantities of such timber are not included in Division A.

C.3.3 Overstory Removal Units. All trees within “Overstory Removal Units” are designated for cutting when they meet Utilization Standards and equal or exceed the diameter limits shown on Contract Area Map.

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

C.3.5 Individual Trees. All trees to be cut, other than in the units described in C.3.1, C.3.2, C.3.3, and C.3.4, are Marked or designated by description. Trees are “Marked” when individually designated by Forest Service with paint marks above and below stump height.

Contract Area Map indicates areas plainly identified on the ground where leave trees are Marked to be left uncut.

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

G.4.2.2 Landings and Skid Trails. Location of all landings, tractor roads, and skid trails shall be agreed upon prior to their construction. The cleared or excavated size of landings shall not exceed that needed for efficient skidding and loading operations.

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

G.4.2.4 Arches and Dozer Blades. Skidding tractors equipped with pull-type arches or dozer blades wider than tractor width or C-frame width, whichever is greater, shall not be used in residual timber outside Clearcutting Units and other authorized clearings, except on constructed tractor roads or landings, unless there is written agreement that residual timber will not be damaged materially by such use.

G.6.3 Temporary Roads. As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, Contractor shall employ such measures as outsloping, drainage dips, and water-spreading ditches.

After a Temporary Road has served Contractor’s purpose, Contractor shall give notice to Forest Service and shall remove bridges and culverts, eliminate ditches, outslope roadbed, remove ruts and berms, effectively block the road to normal vehicular traffic where feasible under existing terrain conditions, and build cross ditches and water bars, as staked or otherwise marked on the ground by Forest Service. When bridges and culverts are removed, associated fills shall also be removed to the extent necessary to permit normal maximum flow of water.

G.6.4 Landings. After landings have served Contractor’s purpose, Contractor shall ditch and slope them to permit water to drain or spread. Unless agreed otherwise, cut and fill banks around landings shall be sloped to remove overhangs and otherwise minimize erosion.

G.6.5 Skid Trails and Fire Lines. Contractor shall construct cross ditches and water-spreading ditches on tractor roads and skid trails, where staked or otherwise marked on the ground by Forest Service. Forest Service shall 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 Oct 15, 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 May 15 – Oct 15, 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 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.8.2 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;

(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.8.2.1 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.8.2.2 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.

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. 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.