Attachment Merchantable Timber Requirements.pdf

Phase 1 Manchester Tank Farm Improvements P-856

REQUIREMENTS FOR PROJECTS THAT IMPACT TREES OR OTHER

FOREST PRODUCTS

November 5, 2020

A site review was conducted on March 15, 2019. Marketable forest products were reviewed and measured within the apparent construction limits of this project. Marketable conifer trees and alder trees were marked in the field with orange paint located at the base of the trees. Additional trees, including pines, conifers, and other deciduous hardwood trees, within the construction limits were also reviewed. The additional trees do not have a marketable value except as firewood or hog fuel. The final appraisal value, prior to construction, will have an estimate of the firewood or hog fuel value for this area.

Marking clearing limits: In support of obtaining an accurate forest products appraisal the contractor shall mark on the ground the approved clearing limits. Marking shall be done in a manner that from any marker at least one marker ahead and one marker behind are clearly visible any season of the year. Markers shall be placed to maintain clear visibility between markers for at least 3 months.

The contractor shall notify the Navy Forester via the Contracting Officer when the limits of clearing have been marked and approved.

Within 30 calendar days following notification, a Navy Forester shall appraise forest products to be removed within the marked clearing limits and provide the appraised value to the Contracting Officer.

There are marketable forest products, export restricted, on and adjacent to this construction site. The Contractor is required to pay the Government full market value for all trees “taken” or damaged under the construction contract. “Take” is defined as toppled, cut, removed, damaged or wasted by contractor activities.

Purchase of Forest Products: Marketable forest products, located within the construction clearing limits on this project, of approximately 17 MBF consisting of Douglas-fir, Grand fir, and red alder species must be purchased by the contractor from the government in advance of removal.

The actual price to the contractor will be based on an appraisal by a Navy Forester to the extent of the marked and approved limits of clearing. The forest products will be sold on an “as is” basis and the non-negotiable, neutrally determined timber value will be based on rates established twice yearly by the Washington State Department of Revenue.

Applicable clearing limits are shown on the approved project design in place at the time of the forest products appraisal. Only the merchantable forest products within the approved limits for clearing or otherwise defined by the Contracting Officer and appraised by the Navy Forester are to be removed. The stumpage value to purchase or pay taxes on forest products may not, in any fashion, be included as a reimbursable expense associated with the construction contract. (The government may not pay for property it already owns.)

Stumpage value is defined as the net value of standing timber after deducting costs associated with cutting, transporting the felled trees to the log landing (a process called yarding or ‘skidding’), hauling the logs to the mill and other associated costs, from the delivered log price at a domestic log mill. These costs vary with equipment costs, maintenance, fuel prices, insurance, labor, markets for forest products, logging conditions, volume of timber per acre, road conditions and other variable costs.

Damages: The contractor shall immediately notify the Navy Forester via the Contracting Officer when trees planned for retention are damaged and pay for damages at current rates. Damage is defined as removal of an area of bark exceeding more than 28 square inches per location from the roots, stem, or top of a tree or breaking off the top of any tree. In the event of damage to retained trees inside or outside the limits of clearing, the contractor shall pay to the government the full value of such trees within 30 days of receiving a damage value appraisal from a Navy Forester via the Contracting Officer.

Damaged trees shall not be cut or removed unless the Navy Forester determines they present a safety hazard and removal is approved by the Contracting Officer.

Contractor damaged tree seedlings and saplings outside the clearing limits or on un-landscaped or undeveloped lands within the clearing limits shall be replaced in kind by the contractor in early spring (February). Damage includes uprooting, pushing over, scarring or any mechanical damage to seedlings or saplings that threaten their survival.

The contractor shall implement measures to ensure survival of replacement seedlings or saplings for one full year, replanting if mortality occurs. A Navy Forester may be contacted to provide expertise in determining the number, species, location and timing of planting.

Payment: The contractor shall, prior to removal of forest products, provide to the Contracting Officer (for processing by the Navy Forester) payment for appraised forest products in the form of a check, certified check, cashier’s check or money order payable to the “U.S. Treasury”. The Navy Forester will provide a Bill of Sale via the Contracting Officer for appraised timber within 10 working days of when payment received is successfully deposited.

Unmerchantable Woody Debris: Generally, tree limbs, tops, stumps, brush etc. that are not marketable forest products or required for retention as part of the contract shall be appropriately disposed of off the installation. Relocation of woody debris to installation undeveloped or forested areas is not allowed unless the requirements of installation environmental, planning, fire and forestry personnel (e.g. location, depth, extent, etc.) via the Contracting Officer, are obtained in advance of placement. Likewise, project generated chipped debris may not be deposited in undeveloped areas inside or outside the project clearing limits without first complying with the requirements of Navy personnel listed above via the Contracting Officer.

Timber Sale Safety: During timber sale operations, contractors shall implement all safety controls necessary to ensure protection for the life and health of employees, prevent accidents and damage to persons or property and comply with safety requirements in the State of Washington “Safety Standards for Logging Operations”

(WAC 296-54) in addition to required compliance with the EMS-385. Responsibility for safe timber removal operations rests with the contractor. The Navy Forester shall be provided the opportunity to provide input to aspects of the safety plan or activity hazard analysis associated with removal of forest products.

Export Restrictions: This contract is subject to the Forest Resources Conservation and Shortage Relief Act of 1990 (P.L. 101-382:10 Stat. 714-726; 16 U.S.C. 620 et. seq.).

Unprocessed Offered Timber shall not be exported from the United States nor used in direct or indirect substitution for unprocessed timber exported from private lands by the Purchaser or any person defined in Section 493 (16 U.S.C. 620e) of the Act. Timber in the following form will be considered unprocessed: (a) trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use;

(b) lumber, construction timbers, or cants intended for remanufacturing not meeting standards defined in Section 493 (16 U.S.C. 620e) of the Act.

Timber Excess Tax: In accordance with the State of Washington's House Bill No. 1245, effective August 1, 1982, all timber harvested off of Public Lands is subject to a timber excise tax. The tax is payable quarterly by the Purchaser of this timber sale, who must report to the Washington State Department of Revenue the volume, species, and value of timber harvested on forms provided by the State. Questions regarding the timber excise tax are directed to Washington State Department of Revenue, Forest Tax Supervisor in Olympia, Washington (360) 753-2871.