APPENDICES.pdf

APPENDICES

FOR

CO PFH 80-2(3)

GUANELLA PASS ROAD

APPENDIX A

DEPARTMENT OF THE ARMY 404

PERMIT NO. 199580927

APPENDIX B

COLORADO 401 CERTIFICATION

NO. 3065

APPENDIX C

EXAMPLE TIMBER SALE

CONTRACT

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

TIMBER SALE CONTRACT

(Applicable to Sales to be Measured Before Felling)

Name of Purchaser

National Forest

Ranger District

Region

Contract Number

Sale Name

Subregion Award Date Termination Date

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

2/ Forest Service having advertised a sale at which either (1) Purchaser, whose required bid deposit is now held by Forest Service as an initial deposit, was the successful bidder, or (2) no bids were received and Purchaser having subsequently offered at least the minimum advertised price and made an initial deposit in the same amount as the bid deposit specified in the sale advertisement; and the parties hereto desiring to record their agreement; now therefore, In consideration of the premises and the promises hereinafter contained, unless provided otherwise herein, Forest Service agrees to sell and permit Purchaser to cut and remove and Purchaser agrees to purchase, cut, and remove Included Timber.

This contract consists of three Divisions: AT – Specific Conditions, BT – Standard Provisions, and CT – Special Provisions, together with Sale Area Map, Drawings and specifications for developments (if any), and such attachments as may be provided for in Division CT. Specific Conditions are numbered and apply to the Part, Section, Subsection, or Item of the Standard Provisions, as indicated hereunder. Other conditions of this contract are stated in Division CT – Special Provisions.

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

UNITED STATES OF AMERICA

By:

Contracting Officer (Title)

Two Witnesses: 3/ (Purchaser) 4/

(Name) By:

(Address)

(Name) (Title)

(Address)

(Business Address)

I, 5/ ______________________________________, certify that I am the ______________________________________ Secretary of the corporation named as Purchaser herein; that ______________________________________ who signed this contract on behalf of Purchaser, was then ______________________________________ of said corporation; that said contract was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

CORPORATE

SEAL 6/

1 Contract FS-2400-6T, Page 101 (7/01)

INSTRUCTIONS:

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

2/ Delete this paragraph for unadvertised administrative use and timber settlement contracts.

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

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

5/ The certificate must be completed if Purchaser is a corporation.

6/ If the corporation has no corporate seal that fact shall be stated, in which case a scroll or adhesive seal shall follow the corporate name.

EXAMPLE 1/

Subcontractor Certification

Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion

Timber Sale Name: _______________________ National Forest: __________________________

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

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

Name of Subcontractor: _________________________ Business Address: __________________________

Date Signature

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

The following conditions apply to the indicated portions of Division BT – Standard Provisions issued _July 2001____.

AT1 – Location and Area, applicable to BT1.1

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

AT2 – Volume Estimate and Utilization Standards, applicable to BT2.1, BT2.2, BT2.4, and BT6.4

Minimum Specifications Merchantable Tree Piece Required to be Removed

Species Product Estimated Quantity *

Unit of Measure

Diameter Breast High

(d.b.h.)

(inches)

Number of

Minimum Pieces per Tree

Length

(feet)

Diameter Inside Bark at

Small End

1/

Merchan tability

Factor

Live

Sawlogs CCF 7.0 1 8 6.0 10.67 Engelmann Spruce, Lodgepole Pine and all other conifers

Dead Sawlogs CCF Lodgepole Pine 8.0 1 16 7.0 8.0 All other conifer 12.0 1 16 10.0 8.0

Timber Subject to Agreement under CT2.11#

N/A

Total Quantity

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

* Quantities not included here are described in BT2.4.

AT3 – Timber Designations, applicable to BT2.3; acres are approximate:

Number Acres

Clearcutting Units (BT2.31) 1 Specified Road Clearing (BT2.32) Overstory Removal Units (BT2.33) Understory Removal Units (BT2.34) Individual Trees (BT2.35) Incompletely Measured Payment Units (BT2.36)

AT4 – Dead Trees Required to be Felled, applicable to BT2.12, BT2.3, and BT6.4

Size Requirements: 16 feet high and 8 inches d.b.h.

Number Limitations: Applicable only if Sale Area Map indicates there are subdivisions where timber is to be designated after date of sale advertisement. In addition to dead trees felled within Clearcutting Units, construction clearings, and other authorized development clearings, no more than ______N/A_____ dead trees must be felled within subdivisions, or those portions thereof, where timber is designated after date of sale advertisement. Number limitation does not apply to subdivisions, or portions thereof, designated at time of sale advertisement.

2 Contract FS-2400-6T, Page 102 (7/01)

AT5 – Timber Payment Rates, applicable to BT3.1 and BT4.0

AT5a – For Species and Products to be Paid for at Rates Escalated under BT3.2

Rates per Unit of Measure

Species Product Unit of

Measure Base

Advertised

Bid Premium

Bid (Tentative)

Required Deposits

Slash Disposal

Base Index

Live Sawlogs CCF

Engelmann Spruce, Lodgepole Pine and all other conifers

10.00

6.00

TBD

Dead Sawlogs CCF

Lodgepole Pine 1.00 All other conifer

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

For purposes of convenience in collection and bookkeeping, Bid Rates stated in AT5 include payment of deposits for sale area betterment required pursuant to 16 USC 576b. Such deposits are not included as Required Deposits defined hereunder.

3 Contract FS-2400-6T, Page 103 (7/01)

AT5c – Schedule of Payment Units To be Escalated under AT5a To be Paid for at Flat Rates under AT5b

Payment Unit

Number Approx.

Acres Species Product Quantity

Unit of Measure

Total Tentative Payment

$ Species Product Quantity Unit of

Measure

Total Flat Rate

Payment

Total Required Deposits for Slash

Disposal $

4a Contract FS-2400-6T, Page 104 (7/01)

AT5c – Schedule of Payment Units

To be Escalated under AT5a To be Paid for at Flat Rates under AT5b

Payment Unit

Number Approx.

Acres Species Product Quantity

Unit of Measure

Total Tentative Payment

$ Species Product Quantity Unit of

Measure

Total Flat Rate

Payment

Total Required Deposits for Slash

Disposal $

4b Contract FS-2400-6T, Page 104 (7/01)

The following definitions are established for the terms used in AT5:

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

BT3.33.

Advertised Rates are the minimum acceptable Bid Rates for timber, exclusive of Required Deposits. These rates are those indicated by appraisal, with a cost allowance made for construction of Specified Roads listed in AT9, but are never less than Base Rates.

Bid Premium Rates are the amounts by which Purchaser’s bid is in excess of Advertised Rates. The Bid Premium Rates are constant during this contract.

Bid Rates are the rates bid by Purchaser (exclusive of Required Deposits for slash disposal and road maintenance) and are the sum of Advertised Rates and Bid Premium Rates. Until a rate redetermination becomes effective, the Bid Rate for species and products in AT5a is the Tentative Rate that is subject to quarterly adjustment under BT3.2; for species and products in AT5b, the Bid Rate is the Flat Rate.

Required Deposits are deposits that Purchaser may be required to pay for slash disposal (16 USC 490) and road maintenance (16 USC 537). Required Deposits may be adjusted as part of a redetermination or a Contract Term Extension. The table shows only Required Deposits for slash disposal; road maintenance deposits, if any, are given in

CT5.32#.

Base Index is the specified average of the lumber or other product selling value index used as the basis for computing adjustment in rates for variance in product selling value as provided in BT3.2. Base Indices shall be redetermined when rate redeterminations are made under BT3.31.

AT6 – Indices Used in Quarterly Adjustment, applicable to BT3.2

Species Index Name and Date

AT7 – Scheduled Rate Redetermination, applicable to BT3.31 Date for scheduled rate redetermination is . Rate redeterminations shall cover

Included Timber in the entire sale unless otherwise specified in CT3.31. Timber quantity required to be paid for and Released for Cutting before lower rates developed from scheduled rate redetermination can become effective is: _________________________________________.

(Quantity and Unit of Measure, based on estimates in AT5c)

AT8 – High Stumps, applicable to BT6.412

Species Product Maximum Stump Height

5 Contract FS-2400-6T, Page 105 (7/01)

AT9 – Specified Roads, applicable to BT5.2

Name and Date of Governing Road Specifications: N/A

Performance Responsibility

Project Road No. Name

Design Class

Approx.

Length

(mi./km.)

Sheet Numbers and

Approval Date Survey Design Const.

Staking 1/

N/A/

1/ Indicate timing, i.e., before clearing (BC) or after clearing (AC). Applicable to BT5.212.

AT10 – Estimated Cost of Specified Roads, applicable BT5.24

Project Segment

Construction Phases (Entries in Dollars) Station

Road Number From To

Survey

Design Staking

Clear-ing

Excava-tion

Cul-verts

Base Course

Sur-facing

Stabil-ization

Other

Total

Specified Road

Const.

Cost

6 Contract FS-2400-6T, Page 106 (7/01)

AT11 – Base Course, Surface Rock, and Rock Riprap, applicable to BT5.251 Section Estimated Rates per Unit Source Shown on

Sale Area Map Haul Cost

Road Number From To

Type 1/

Map Key No. Location

Estimated Quantity and Units

Basic Rock

Cost 2/

Load and Apply

Cost 3/

Haul Cost per Unit per Mi./Km. 4/

Estimated Average Haul 5/

(mi./km.)

Haul Cost 6/

Total Cost per Unit 7/

Total Estimated

Cost 8/

1/ Show, e.g., pit run, screened, crushed, graded, etc.

2/ Including pit developments, crush, screen, stockpile, and purchase price, if any.

3/ Including loading, dumping, spreading, watering, mixing, compacting, loading, and dumping delay, etc.

4/ Including required maintenance, resurfacing, and road-use charges.

5/ To nearest 0.1 mile or kilometer.

6/ Obtain by multiplying Haul Cost per Unit per Mile or Kilometer by Estimated Average Haul.

7/ Sum of Basic Rock Cost, Load and Apply Cost, and Haul Cost.

8/ Obtain by multiplying Total Cost per Unit by Estimated Quantity.

7 Contract FS-2400-6T, Page 107 (7/01)

AT12 – Culvert Cost Rates, applicable to BT5.253 Culverts Drainage Accessories

Estimated Cost (Rate per Foot)

Estimated Cost (Rate per Unit)

Diameter or Rise and Span

Gauge & Material

(Al) (Fe)

Furnish & Install

Install Only

Item and Size

Gauge & Material

(Al) (Fe)

Furnish & Install

Install Only

(Material Abbreviation: Al = Aluminum; Fe = Galvanized Steel)

AT13 – Forest Service Engineering Completion Schedule, applicable to BT5.21 Road No. Road Name Type of Work Completion Date

AT14 – Fire Precautionary Period, applicable to BT7.2 June 1 to October 15 , inclusive

AT15 – Purchaser Responsibility to Furnish Crews and Equipment for:

Initial Fire Suppression, applicable to BT7.3

Within 5 road miles Fire Suppression Reinforcement, applicable to BT7.312 and BT7.313

Within 100 road miles

AT16 – Maximum Amount of Purchaser’s Obligation per Operations Fire, applicable to BT7.41

$ 5,000

AT17 – Termination Date, applicable to BT8.2

AT18 – Normal Operating Season, applicable to BT6.31, BT6.66, BT8.21, and BT9.3

First Period: June 1 to October 15 Inclusive Second Period: to Inclusive

AT19 – Performance Bond Amount, applicable to BT9.1

$ N/A

8 Contract FS-2400-6T, Page 108 (7/01) AT20 – Downpayment, applicable to BT4.221

Downpayment Amount: TBD Annual interest rate applicable to late downpayments: %

AT21 – Periodic Payment Amounts, applicable to BT4.223

Periodic Payment Determination Date Amount Initial Payment: TBD $ Additional Payment: TBD $

AT22– Purchaser Credit Transfer-in Limit Amount, applicable to BT4.21

$ 0

AT23 – Market-Related Contract Term Addition Producer Price Index, applicable to BT8.212

Index Name: Index Number:

AT24 – Inapplicable Standard Provisions The following listed Sections, Subsections, or Items of Division BT – Standard Provisions – are hereby made inapplicable. (Instructions: List by reference number and title.)

BT2.31 Clearcutting Units

BT2.32 Construction Clearing BT2.4 Quantity Estimate BT5.2 Specified Roads BT6.01 Statutory Compliance BT6.34 Sanitation and Servicing BT6.341 Prevention of Oil Spills BT8.12 Liability for loss BT8.24 Termination BT8.3 Contract Modification BT9.51 Settlement for Termination BT9 52 Settlement for Administrative Appeal or Litigation

AT25 – List of Special Provisions The following listed special provisions are attached to and made a part of this contract as Division CT. Unless listed herein or added by modification pursuant to BT8.23, BT8.3, or BT8.31 no provision of Division CT shall have force or effect. Provisions with reference numbers followed by # contain blanks into which data have been entered for this sale. (Instructions: List by reference number, title, and date.)

RO-CT2.301# Cutting Unit Boundaries (9/01) WO-CT2.31 Clearcutting Units (8/02) WO-CT2.32 Clearing (8/02) WO-CT2.4 Quantity Estimate (8/02) WO-CT5.12# Use of Roads by Purchaser (6/99) WO-CT6.01 Statutory Compliance (8/02) WO-CT6.34 Sanitation and Servicing (8/02) WO-CT6.341 Prevention of Oil Spills (8/02) WO-CT6.342 Hazardous Substances (8/02) RO-CT6.6# Erosion Prevention and Control (11/98) RO-CT6.8# Measuring (9/03) RO-CT6.81# Accountability (4/03) R2-CT7.2 Fire Precautions (9/93) WO-CT8.12 Liability for Loss (9/02) RO-CT8.13 Disclaimer of Express or Implied Warranty (12/02) WO-CT8.24 Termination (7/01) WO-CT8.3 Contract Modification (8/02) WO-CT8.65_1# Use of Timber (Option 1) (9/02) WO-CT9.51 Settlement for Threatened, Endangered, or Sensitive Species Termination (7/01) WO-CT9.52 Settlement for Other Environmental Termination (7/01) WO-CT9.53 Settlement for Administrative Appeal or Litigation (7/01)

9 Contract FS-2400-6T, Page 109 (7/01)

RO-CT2.301# - CUTTING UNIT BOUNDARIES. (9/01) 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-CT2.31

CT2.31 – CLEARCUTTING UNITS. (8/02) All live and dead trees within Clearcutting Units are designated for cutting that meet Utilization Standards.

WO-CT2.32

CT2.32 – CLEARING. (8/02) 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 Purchaser’s landings or the roadbed of Specified Roads when Marked in advance of felling of timber in the immediate vicinity. 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 BT5.2. All dead trees to be felled outside construction clearing limits are subject to the size requirements and number limitations of AT4.

WO-CT2.4

CT2.4 – QUANTITY ESTIMATE. (8/02) The estimated quantities of timber by species designated for cutting under BT2.3 and expected to be cut under Utilization Standards are listed in AT2. Estimated quantity in AT2 does not include the following:

(a) Damaged timber under BT2.13;

(b) Unintentionally cut timber under BT2.14;

(c) Construction timber under BT2.15 cut outside of Payment Units and removed from construction use for utilization by Purchaser;

(d) Timber within clearing limits of Temporary Roads or other authorized clearings and that is not designated under CT2.31, CT2.33, CT2.34, or CT2.35; or

(e) Dead or unstable live trees that are sufficiently tall to reach Purchaser’s landings or the roadbed of Specified Roads under CT2.32.

Estimated quantities for such timber not included in AT2 shall be determined as stated in CT6.8.

If Sale Area Map shows Payment Units where Marking or Measuring is to be completed after date of timber sale advertisement, the objective of Forest Service shall be to designate for cutting in such Payment Units sufficient timber so that Sale Area shall yield the approximate estimated quantities by species or species groups stated in AT2. However, the estimated quantities stated in AT2 are not to be construed as guarantees or limitations of the timber quantities to be designated for cutting under the terms of this contract.

Quantity adjustments shall not be made under this Section after there is modification for Catastrophic Damage under

BT8.33.

WO-CT5.12#

CT5.12# – USE OF ROADS BY PURCHASER. (6/99) Purchaser’s use of existing roads identified on Sale 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

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

Restricted Road List

Termini Road

Number Road Name From To Map

Legend Description of Restrictions

WO-CT6.01

CT6.01 – STATUTORY COMPLIANCE. (8/02) Purchaser agrees to conduct operations under this contract and other related business activities in compliance with Federal, State, and local statutes, standards, orders, permits, or other regulations. The contract shall govern if State and local environmental quality laws conflict with or preclude performance of contractual requirements.

WO-CT6.34

CT6.34 – SANITATION AND SERVICING. (8/02) Purchaser shall take all reasonable precautions to prevent pollution of air, soil, and water by Purchaser’s Operations. If facilities for employees are established on Sale Area, they shall be operated in a sanitary manner. In the event that Purchaser’s Operations or servicing of equipment result in pollution to soil or water, Purchaser shall conduct cleanup to restore the polluted site to the satisfaction of Forest Service.

Purchaser shall maintain all equipment operating on Sale Area in good repair and free of abnormal leakage of lubricants, fuel, coolants, and hydraulic fluid. Purchaser shall not service tractors, trucks, or other equipment on National Forest lands where servicing is likely to result in pollution to soil or water. Purchaser shall furnish oil-absorbing mats, approved by Forest Service, for use under all stationary equipment or equipment being serviced to prevent leaking or spilled petroleum-based products from contaminating soil and water resources. Purchaser shall remove from National Forest lands all contaminated soil, vegetation, debris, vehicle oil filters (drained of free-flowing oil), batteries, oily rags, and waste oil resulting from use, servicing, repair, or abandonment of equipment.

WO-CT6.341

CT6.341 – PREVENTION OF OIL SPILLS. (8/02) If Purchaser maintains storage facilities for oil or oil products on Sale Area, Purchaser shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons in containers of 55 gallons or greater, Purchaser shall prepare a Spill Prevention Control and Countermeasures Plan. Such Plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer.

Purchaser shall notify appropriate agencies, including Contracting Officer, of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of Sale Area that are caused by Purchaser’s employees or contractors, directly or indirectly, as a result of Purchaser’s Operations. Purchaser will take whatever initial action may be safely accomplished to contain all spills.

WO-CT6.342

CT6.342 – HAZARDOUS SUBSTANCES. (8/02) Purchaser shall notify the National Response Center and Contracting Officer of all releases of reportable quantities of hazardous substances on or in the vicinity of the Sale Area that are caused by Purchaser’s employees or contractors, directly or indirectly, as a result of Purchaser’s Operations, in accordance with 40 CFR 302.

RO-CT6.6# - EROSION PREVENTION AND CONTROL. (11/98)

A. Purchaser shall locate Temporary Roads on locations approved by the Forest Service. Such location shall include the marking of road centerline or grade-line and the setting of such construction stakes as are necessary to provide a suitable basis for economical construction and the protection of National Forest lands.

B. Skidding with tractors within 100 feet of live streams shall not be permitted except in places designated in advance by Forest Service, and in no event shall skid roads be located in live or intermittent streamcourses. Skid trails shall be located high enough out of draws, swales, and valley bottoms to permit diversion of runoff water to natural undisturbed forest ground cover.

C. Prior to periods of accelerated water runoff, especially during the spring runoff and periods of heavy rainfall, Purchaser shall inspect and open culverts and drainage structures, construct special cross ditches for road runoff, and take other reasonable measures needed to prevent soil erosion and siltation of streams.

D. Temporary Road surface width shall be limited to truck bunk width plus four (4) feet, except for needed turnouts which shall not exceed two (2) times the bunk width plus four (4) feet. If shovels or cranes with revolving carriage are used to skid or load, Temporary Road surface width equal to track width plus tail swing shall be permitted.

E. Unless otherwise agreed in writing, Purchaser shall keep erosion control work current with his unit or cutting unit.

RO-CT6.8# - MEASURING. (9/03) The estimated quantity of timber in AT2 has been determined by standard procedures described in FSH 2409.12, Timber Cruising Handbook.

The following table describes the type of cruising method used to determine quantities:

Payment Unit/Cutting Unit Cruising Method 1/

Estimated quantities of timber subsequently included under BT2.13, BT2.14, BT2.31, BT2.32, BT2.33, BT2.34, BT2.35 or BT2.37 not previously measured will be determined using the standard cruise methods as described in FSH 2409.12, Timber Cruising Handbook, or, if attached, using the Additional Volume Calculation Table based on information generated from the timber sale cruise.

RO-CT6.81# - ACCOUNTABILITY. (4/03) The following requirements are applicable to Product Removal Permits:

1. Forest Service will issue to Purchaser or designated representative(s) serially numbered Product Removal Permit books for use only on this sale. Product Removal Permit books, whether used or unused, shall be accountable property of Forest Service and shall be returned to issuing Forest Service Office in accordance with instructions contained in each book. Each book, which is not returned to the Forest Service, will be considered a lost book and liquidated damages of $100 will be assessed.

2. Purchaser shall require all permits be completed in accordance with the instructions contained on the inside cover of each book.

3. Each load will have the last three digits of the load receipt number painted on both ends of three logs with black paint. All loads that consist of a truck and pup(s) must have the last three digits of the load receipt painted on both ends of three logs on all subunits of the combination.

Purchaser shall require vehicles hauling Included Products to stop at agreed upon locations for purposes of monitoring accountability. The parties shall agree upon the haul route prior to operations.

R2-CT7.2 – FIRE PRECAUTIONS. (9/93)

1. Smoking and Lunch Fires. Smoking is prohibited except inside a building, developed recreation site, vehicle, or while seated in an area of at least three feet in diameter that is barren or cleared of all flammable materials. 36 CFR 261.52(d).

The building of camp, lunch, warming and other fires within the sale area and vicinity is prohibited, except at established camps or at other safe places where all flammable material has been cleared away sufficiently to prevent the start and spread of wildfires. Forest Service may, upon written request of purchaser, designate specific places where campfires may be built for purposes of heating lunches.

2. Spark Arrester and Mufflers. Notwithstanding BT7.2, operating or using any internal combustion engine, on any timber, brush, or grass covered land, including trails and roads traversing such land, without a spark arrester, maintained in effective working order, meeting either (I) Department of Agriculture, Forest Service standard 5100, "SPARK ARRESTERS FOR INTERNAL COMBUSTION ENGINES," (current edition); or (II) the Society of Automotive Engineers (SAE) recommended Practices J335, "MULTIPOSITION SMALL ENGINE EXHAUST SYSTEM FIRE IGNITION SUPPRESSION," (current revision) and J350, 36 CFR 261.52(j), is prohibited.

Passenger carrying vehicles, pickups, medium and large highway trucks (80,000 GVW) will be equipped with a factory designed muffler system which is specified for the make and model of the respective vehicle/truck or with a muffler system that is equivalent or that exceeds factory specifications.

Exhaust systems shall be properly installed and continually maintained in serviceable condition.

3. Fire Extinguishers and Tools on Equipment. While in use, each internal combustion engine including tractors, trucks, yarders, loaders, welders, generators, stationary engines, or comparable powered equipment shall be provided with at least the following:

(a) One fire extinguisher, at least 5#ABC with an Underwriters Laboratory (UL) rating of 3A - 40BC, or greater.

(b) One shovel, sharp, size O or larger, round-pointed with an overall length of at least 48 inches.

(c) One axe, sharp, double bit 3-1/2#, or one sharp pulaski.

Extinguishers, shovels, axes, and pulaskis shall be mounted so as to be readily available from the ground. All tools shall be maintained in a serviceable condition.

4. Power Saws. Each gasoline engine power saw shall be provided with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight, and one size O or larger, round-pointed shovel with an overall length of at least 48 inches. The extinguisher, and shovel shall be maintained in good working order. The extinguisher shall be with the power saw operator and immediately available for use at all times. The extinguisher shall not be affixed to the saw. The shovel shall be readily available to the operator of the saw at all times. Having the shovel with the gas can used to refuel the saw may be considered "readily available" if not more than 200 feet from the saw. During periods of critical fire danger, Forest Service may prescribe other precautionary measures.

Any fueling or refueling of a power saw shall be done in an area which has first been cleared of material which will carry fire. The power saw shall be moved at least 10 feet from the place of fueling or refueling before starting.

5. Blasting and Welding. The use of fuses in blasting shall not be permitted except near power lines where the danger of accidental detonation is present, and then only by special written permission of Forest Service. Whenever the relative humidity falls below 50 percent, Purchaser shall place a watchman at each point where blasting is done who shall remain on duty for at least one hour after blasting is finished, and who shall be equipped with a shovel and a water-filled backpack can equipped with hand pump. During periods when the relative humidity falls below 20 percent, blasting shall be discontinued unless authorized, with special provisions, in writing by Forest Service. Blasting shall not be permitted in any area not cleared to mineral soil without advance written approval of Forest Service and with such special precautions as may be required.

Prima Cord shall not be used in clearing operations, and in other areas where timber has been felled and slash not burned.

Unless otherwise directed in writing by Forest Service, all flammable material shall be cleared for 10 feet around any piece of equipment being welded. In addition, Purchaser shall provide a fire extinguisher of a size and type designed to extinguish a fire in the flammable materials surrounding the spot being welded.

In order to determine the relative humidity, Purchaser shall either (a) provide and maintain weather instruments, that will measure relative humidity, in the area where blasting will occur; or (b) provide communications to obtain weather data from Forest Service.

Explosives shall be stored at all times in a locked box marked "Explosives. "Powder and blasting caps shall be stored in separate boxes.

6. Storage of Flammables. Gasoline, oil, grease and other highly flammable material shall be stored either in a separate building, or at a site where all debris is cleared within a radius of 25 feet. Storage buildings or sites shall be a minimum distance of 50 feet from other structures. Storage buildings shall be adequately posted to warn of the flammables and to prohibit smoking in or around the building.

7. Camp Fire Protection. The grounds around all trailers, buildings, other facilities constructed or placed on or near Sale Area under BT6.2 shall be kept free of flammable material for a distance of at least 20 feet from the wall of such structure. Burning of such flammable material shall be as prescribed by Forest Service in writing.

Stovepipes of all wood burning stoves shall be equipped with suitable roof jacks and serviceable spark arresters. Stovepipes shall be no closer than 2 feet from any wood or other flammables unless adequately protected by metal or asbestos shield.

WO-CT8.12

CT8.12 – Liability for Loss. (9/02) 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 Purchaser, unless Purchaser is prevented from removing such timber for reasons that would qualify for Contract Term Adjustment. Deterioration of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under BT6.02. In the event Included Timber to which the Forest Service holds title is destroyed, Purchaser will not be obligated to remove and pay for such timber. In the event Included Timber to which the 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 Purchaser 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.

RO-CT8.13 – DISCLAIMER OF EXPRESS OR IMPLIED WARRANTY. (12/02) Purchaser and Forest Service hereby agree, acknowledge, and accept that there is no express or implied warranty provided by the Forest Service or the United States Government that guarantees that the Purchaser will be allowed to complete the removal of the products sold under the terms of the contract. Upon signature of this contract, Purchaser hereby acknowledges the acceptance of the risk that this contract is subject to interruption or termination as a result of litigation associated with the environmental documentation process used by the Forest Service in the planning of this timber sale contract. If such interruption or termination occurs due to litigation, Purchaser agrees to accept as full compensation for such interruption or termination the reimbursement of Out-Of-Pocket Expenses as defined in provision BT6.02.

WO-CT8.24

CT8.24 – TERMINATION. (7/01) The Chief, Forest Service, by written notice, may terminate this contract, in whole or in part:

(a) To comply with a court order, regardless of whether this timber sale is named in such an order, upon determination that the order would be applicable to the conditions existing on this timber sale or

(b) Upon a determination by the Chief that the continuation of all or part of this contract would:

(i) Cause serious environmental degradation or resource damage;

(ii) Be significantly inconsistent with land management plans adopted or revised in accordance with Section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended;

(iii) Cause serious damage to cultural resources pursuant to BT6.24;

(iv) Cause serious damage to cave resources pursuant to BT6.26; or

(v) Adversely affect species listed as threatened or endangered under the Endangered Species Act, 16 USC.

1531, et seq., or a sensitive species identified by the Regional Forester pursuant to BT6.25.

Compensation for termination under paragraph (a) shall be calculated pursuant to CT9.53, compensation for termination under paragraphs (b)(i) through (b)(iv) shall be calculated pursuant to CT9.52, and compensation for termination under paragraph (b)(v) shall be calculated pursuant to CT9.51.

WO-CT8.3

CT8.3 – CONTRACT MODIFICATION. (8/02) The conditions of this timber sale are completely set forth in this contract.

Except as provided in CT8.24, contract modifications, redeterminations of rates, and termination shall be made on behalf of Forest Service only by Contracting Officer.

(a) By agreement, and with compensating adjustments where appropriate, this contract may be modified to provide for:

(i) The exercise of any authority hereafter granted by law or regulation of the Secretary of Agriculture, if such authority is then generally being applied to Forest Service timber sale contracts and

(ii) Any other contractual provision then in general use by Forest Service.

(b) Contracting Officer may make modifications in Timber Specifications in BT2.0, Transportation Facilities in BT5.0, or Operations in BT6.0, or in related Special Provisions if, and to the extent that, such changes are reasonably necessary to make the contract consistent with guidelines and standards developed to implement Section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended, and with land and resource management plans developed or revised there under. Resulting changes in the value of remaining Included Timber shall be reflected in a rate predetermination conducted in accordance with BT3.32. Rates so redetermined shall apply to timber Released for Cutting after the effective date of the modification.

(c) This contract may be modified to revise AT9 and AT10 to add Specified Roads not listed in AT9, as necessary to facilitate reconstruction of existing Forest Service roads or accepted Specified Roads, including appurtenances thereto. In accordance with BT5.2, Contracting Officer shall make revisions to AT9 and adjustments to Current Contract Rates.

Reductions in Current Contract Value shall be limited to $100,000 or less. Calculate cost adjustments for increases in Specified Road construction cost for added roads in accordance with BT5.251, BT5.252, and BT5.253. Additions will not be made when reconstruction is made necessary by Purchaser’s negligence. Roads or road segments to be added must meet the following conditions:

(i) The required work must be on an actual haul route used by, or scheduled for use by, Purchaser;

(ii) The required work must be the result of unforeseen cause, such as slides, slumps, washouts, subgrade conditions, or similar causes; and

(iii) The work must be necessary for economic, safe, and practical use of the road by Purchaser.

WO-CT8.65# (Option 1)

CT8.65# – USE OF TIMBER. (9/02) (a) This contract is subject to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 USC 620, et seq.).

(b) Except for 1/__________ determined pursuant to public hearing to be surplus, unprocessed Included Timber shall not be exported from the United States nor used in direct or indirect substitution for unprocessed timber exported from private lands by Purchaser or any person as defined in the Act (16 USC 620e).

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

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

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

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

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

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

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

(i) Identify the Federal origin of the timber;

(ii) Specify domestic processing for the timber involved;

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

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

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

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

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

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

WO-CT9.51

CT9.51 – SETTLEMENT FOR THREATENED, ENDANGERED, OR SENSITIVE SPECIES TERMINATION. (7/01) In the event of termination of this contract, in whole or in part, by the Chief pursuant to CT8.24, paragraph (b)(v), and based upon the Chief's determination that continuation of all or part of this contract would adversely affect a species listed as threatened or endangered under the Endangered Species Act, 16 USC. 1531, et seq., or a sensitive species identified by the Regional Forester, Purchaser agrees that its sole and exclusive remedy shall be reimbursement for Out-of-Pocket Expenses, as defined in BT6.02. Purchaser agrees to provide receipts or other documentation to Contracting Officer that clearly identify and verify actual expenditures.

WO-CT9.52

CT9.52 – SETTLEMENT FOR OTHER ENVIRONMENTAL TERMINATION. (7/01) In the event of termination of this contract, in whole or in part, by the Chief pursuant to CT8.24, paragraphs b(i) through (b)(iv), Purchaser agrees that its sole and exclusive remedy shall be limited to:

(a) The difference between Current Contract Rates for the remaining uncut volume and the rates paid for comparable timber on the same National Forest during the preceding 6-month period multiplied by the remaining uncut volume. Comparable timber is timber of similar size and quality with similar topography and access; and

(b) Out-of-Pocket Expenses, as defined in BT6.02. Purchaser agrees to provide receipts or other documentation to the Contracting Officer that clearly identify and verify actual expenditures.

WO-CT9.53

CT9.53 – SETTLEMENT FOR ADMINISTRATIVE APPEAL OR LITIGATION. (7/01) In the event of termination of this contract, in whole or in part, by the Chief as a result of an administrative appeal or litigation of the decision to sell timber included in this contract or pursuant to CT8.24, paragraph (a), Purchaser agrees that its sole and exclusive remedy shall be reimbursement for Out-of-Pocket Expenses, as defined in BT6.02. Purchaser agrees to provide receipts or other documentation to Contracting Officer that clearly identify and verify actual expenditures.

In the event of modification by Contracting Officer or partial termination, changes to the contract shall be limited to those determined by Contracting Officer to be necessary for correction of the deficiencies raised by the appeal or lawsuit.

Changes to the contract shall be limited to requients with which Purchaser can reasonably comply.

APPENDIX D

XCEL ENERGY SECURITY

SCREENING QUESTIONNAIRE

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XCEL ENERGY

SECURITY SCREENING QUESTIONNAIRE

CONFIDENTIAL WHEN COMPLETED

Xcel Energy has a security screening program to ensure the dependability and trustworthiness of its employees and contract service providers. The purpose of screening is to gain knowledge of an individual's general character and reliability.

Please complete the Security Questionnaire and Authorization for Release of Information. Please complete this questionnaire and take a pre-employment drug test within 72 hours of submitting. To schedule a drug screen please call 1-800-328-8226 ext. 7613 option #1.

XCEL ENERGY SCREENING CONSISTS OF THE FOLLOWING ELEMENTS:

• A background investigation including past employment/unemployment/military records.

• Education.

• Criminal records.

• Driving records.

• Pre-Employment Drug Screen– To schedule please call 1-800-328-8226 ext. 7613 option #1.

Questions should be directed to Xcel Energy Security Services Department. An Xcel Energy Personnel Security Consultant can be reached at 1-800-328-8226 ext. 7613 Option #2.

1. This form must be completed in ink or typed. Please print or write legibly. Incomplete forms cannot be processed and will be returned for corrections. Improperly completed forms will delay your security clearance. Please be sure that all forms are signed and your signatures have been witnessed.

2. Accurate and complete disclosure is important. Any omissions or falsifications deemed willful shall be grounds for denial or revocation of your request for general security clearance by Xcel Energy.

3. Fax the completed questionnaire to (612) 330-6641or mail to: Security Services, 414 Nicollet MaIl, Minneapolis, MN 55401. The Summary of Your Rights Under the Fair Credit Reporting Act is for your information please do not return it with your questionnaire.

4. Please call Health Services at 1-800-328-8226 ext. 7613, option #1, to schedule your pre-employment drug screening within 72 hours of submitting these forms. If you will be working for a power plant you may also be scheduled an audiogram and a pulmonary function test. When you go to your drug screening appointment, you MUST

HAVE A DRIVER'S LICENSE OR PICTURE I.D.

THIS SECTION MUST BE COMPLETED TO BEGIN PROCESSING

WILL THE APPLICANT NEED PHYSICAL AND/ OR LOGICAL ACCESS? YOU MUST CIRCLE ONE. YES or NO

Applicant Name Desired Start Date

Position Today’s Date

Xcel Hiring Leader Contract Company/ Business Unit

Hiring Leader Phone # Pre-Employment Drug Test Date

If this is a D.O.T covered position, is it GAS / DRIVER / BOTH/ N/A ? (Please circle one)

Fax to: (612) 330-6641 Number of pages including cover _____ ***Have you worked at Xcel Energy in the past 12 months?

If yes, when and where? _________________________ If yes, fill out only for the past year.***

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PERSONAL INFORMATION

1. NAME

Last First Middle

2. MAIDEN NAME, ALIASES, NICKNAMES OR OTHER NAMES YOU HAVE EVER USED

Date of name change

3. DATE OF BIRTH ______/______/______ PLACE OF BIRTH _________________________________________________________ MM DD Y Y City State Country

4. SOCIAL SECURITY NUMBER ___ ___ ___ - ___ ___ - ___ ___ ___ ___

5. U.S. CITIZEN Yes No If no, Resident Alien # Please provide a copy of this ID on page 6.

6. Phone number you can be reached at during normal business hours ( ) __ __ __ - __ __ __ __

Email Address _____________________________________________________

7. DRIVER'S LICENSE or PICTURE ID # STATE or COUNTRY ISSUED

(Please circle one)

8. RESIDENCES Complete history for past 7 years. List all street addresses (NO P.O. Box or Rural Route addresses) including current address. If you were in school or in the military during the past 5 years, list the addresses where you actually lived, in addition to your permanent home address. If in barracks, on-board ship or in a school dormitory, so indicate. Use additional pages if needed.

DATES

FROM TO

NUMBER & STREET CITY, STATE & COUNTRY COUNTY

Current

9. EDUCATION List high school attendance and any institutions of higher learning where an advanced degree was awarded to you regardless of how long ago you attended. (Example: AA, Bachelors, Masters, and Doctorate).

DATES GRADUATE

FROM TO

NAME of SCHOOL ADDRESS of SCHOOL

CITY, STATE & COUNTRY YES NO

TYPE OF

DEGREE,

DIPLOMA or GED

GENSCREENPACKET rev 6a June 22, 2006 3 of 6

NAME

Last First Middle Maiden (If Any)

10. EMPLOYMENT (Complete work history for last 7 years.) List all full and part-time jobs you have had during the past 7 years starting with your current or most recent employment. If Self – employed please include a professional reference.

PLEASE NOTE: You are required to disclose 10 years of employment history if you are applying to work in a safety sensitive position as defined by the Department of Transportation (DOT). Attach additional pages if necessary. A resume is not a sufficient replacement to filling out this section.

If currently employed, may contact my current employer: NO YES N/A POST HIRE ONLY Please initial ______

DATES

FROM TO

EMPLOYER (S) NAME

& ADDRESS

EMPLOYER (S)

CITY, STATE & COUNTRY

POSITION

HELD

DOT

COVERED

POSITION

SUPERVISOR /

PHONE NUMBER

Or Professional reference

REASON

FOR LEAVING

NO

YES

If the position held was a safety sensitive position covered by the DOT, please provide a brief description of the job, & complete questions 11 through 14:

11. Have you ever tested positive for drugs or alcohol? NO YES

12. Have you ever refused to take a drug or alcohol test? NO YES

13. Have you been removed from or prevented from performing safety-sensitive functions because you engaged in prohibited conduct? NO YES

14. If you answered yes to 11, 12, or 13 please provide the following information:

Employer: Address: Phone Number:

Date:

Violation:

Outcome:

Substance Abuse Professional: Phone Number:

GENSCREENPACKET rev 6a June 22,, 2006 Page 4 of 9

15. MILITARY Have you ever been on active duty? NO YES If yes, include a copy of your DD214.

PLEASE NOTE: IF YOU WERE ON ACTIVE DUTY DURING THE PAST 7 YEARS, PLEASE LIST YOUR DUTY ASSIGNMENTS, LOCATIONS AND

MILITARY SUPERVISORS.

DUTY ASSIGNMENTS & DATES LOCATIONS SUPERVISORS

16. HAVE YOU SINCE YOUR 18TH BIRTHDAY EVER BEEN CONVICTED FOR VIOLATION OF ANY LAW? (Includes all criminal laws, i.e. petty misdemeanors, misdemeanors, gross misdemeanors, felonies, ordinance violations, DWI/DUI/BW, etc.) NOTE:

Even if you were told a charge would not be on your record you should list it. Use additional pages if needed.

NO YES If yes, list dates, location (city, state & county), violation(s) and outcome below.

DATE LOCATION

(City, State &…