HomeMy WebLinkAbout21- Timber Sale Contract - DS Jr. Trucking - Phase 1 Sourdough FuelsCITY OF BOZEMAN ‐ TIMBER SALE CONTRACT
PHASE 1 SOURDOUGH FUELS REDUCTION PROJECT
FOR STUMPAGE SOLD BY THE TON
THIS CONTRACT IS MADE AND ENTERED INTO by and between the City of Bozeman, a
self‐governing municipal corporation organized and existing under its Charter and the laws of
the State of Montana, 121 North Rouse Street, Bozeman Montana, with a mailing address of
P.O. Box 1230, Bozeman, MT 59771 (hereinafter referred to as “the City”) and DS Jr. Trucking,
Inc., a corporation (hereinafter called Purchaser) having an office and principal place of
business at the address of 189 Howie Rd, Big Timber, MT 59011. Purchaser’s bid on the timber
described in this contract has been accepted by the City after having been estimated, appraised
and advertised for sale as required by law. Therefore, in consideration of the mutual promises
contained in this agreement, the City agrees to sell and the Purchaser agrees to purchase the
designated timber located on the areas described in this Contract at the specified rates of
payment and in strict conformity with the requirements, standards, specifications and
conditions set forth in this Contract.
-CONTENTS OF CONTRACT-
Section Page Section Page
I.
II.
III.
TABLE 1
GENERAL TERMS
CHARGES AND PAYMENTS
MEASUREMENT AND LOG
ACCOUNTABILITY
2
2
12
13
IV.
V.
VI.
VII.
VIII.
CONTRACT VIOLATIONS AND
PENALTIES
FIRE PROTECTION
RESOURCE PROTECTION
LOGGING
EXECUTION
15
18
19
22
29
-ATTACHMENTS-
The following attachments are hereby made a part of this contract:
ATTACHMENT A: Timber Sale Map
ATTACHMENT B: Road Construction and Maintenance Specifications
ATTACHMENT C: Forest Fire Regulations
ATTACHMENT D: Working in Bear Habitat Brochure
ATTACHMENT E: Temporary Road Use Permit
ATTACHMENT F: Haul Route Map
ATTACHMENT G: Non-Discrimination & Equal Pay Affirmation
1 Page
7 Pages
2 Pages
1 Page
XX Pages
1 Page
1 Page
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TABLE 1 ‐ LEGAL DESCRIPTION OF THE GROSS SALE AREA
The timber designated for sale under this Contract is within the following sale area
Subdivisions Section Twn Rge
NE ¼ 18 3S 6E
Total approximate acres in gross sale area: 20 acres
Number of harvest units (Including Right‐of‐Way): 2
Total acres in harvest units (Including Right‐of‐Way): 20 acres
TABLE 1 (continued) ‐ ESTIMATED SALE VOLUME
The City does not guarantee the product weight, by species or in total, to equal the estimated
advertised weight in quantity or product designation.
Product Estimated Quantity (Tons)
Sawlogs
Other Material (specify)
1,300 tons
50 tons
Total Estimated Volume 1,350 tons
TABLE 1 (continued) ‐ PAYMENT RATES
Payment Amount Requirements
Performance Bond
Amount: 20% of bid value See Section II.A.1‐3.
Product Bid Rate
Stumpage Rate per ton:
Sawlogs $1.00/ton
See Section II.B.1‐3.
Other Material $0.50/ton
I. GENERAL TERMS
A. DEFINITION OF CONTRACT LANGUAGE: The following definitions apply to terms used in
this Contract:
1. Administrator – City Manager or their designee, City of Bozeman
2. City – The City of Bozeman, its agents and employees.
3. Draw – A swale or drainageway that may not have perceptible or definite beds or banks.
4. Environmental Law – Includes, but is not limited to, the following laws and any
regulations promulgated under these laws: the Comprehensive Environmental
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Response, Compensation and Liability Act (“CERCLA”) (42 U.S.C. § 9601 et seq.), as
amended; the Resource Conservation and Recovery Act (“RCRA”) (42 U.S.C. §§ 6901 –
6987), as amended; the Clean Air Act (42 U.S.C. § 7401, et seq.), as amended; the Safe
Drinking Water Act (42 U.S.C. § 300f et seq.), as amended; the Clean Water Act (33
U.S.C. § 1401 et seq.), as amended; the Endangered Species Act (16 U.S.C. § 1531 et
seq.), as amended; the Clean Air Act of Montana (Mont. Code Ann. § 75‐2‐101 et seq.),
as amended; the Montana Water Quality Act (Mont. Code Ann. § 75‐5‐101 et seq.), as
amended; the Montana Solid Waste Management Act (Mont. Code Ann. § 75‐10‐201 et
seq.), as amended; the Montana Hazardous Waste Act (Mont. Code Ann. § 75‐10‐401 et
seq.), as amended; the Montana Comprehensive Environmental Cleanup and
Responsibility Act (Mont. Code Ann. § 75‐10‐701 et seq.) as amended; and the Montana
Underground Storage Tank Act (Mont. Code Ann. § 75‐11‐501 et seq.) as amended; the
Montana Natural Streambed and Land Preservation Act (Mont. Code Ann. § 75‐7‐101 et
seq.), as amended.
5. Forest Officer – The City agent with the contracted duty of contract administration for
this timber sale Contract. Except as otherwise expressly stated in the Contract, the
Forest Officer is not authorized to modify the Contract on behalf of the City. The City’s
contracted Forest Officer for this Contract is Gary Peck of Peck Forestry, Inc;
peckgs@gmail.com, 406‐581‐2815; P.O. Box 238, Bozeman, MT 59771.
6. Hazardous or deleterious substance – Means a substance that, because of its quantity,
concentration, or physical, chemical, or infectious characteristics, may pose an
imminent and substantial threat to public health, safety, or welfare or the environment,
and is:
a. A substance that is defined as a hazardous substance by section 101(14) of CERCLA,
42 U.S.C. § 9601(14), as amended.
b. A substance identified by the administrator of the United States Environmental
Protection Agency as a hazardous substance pursuant to section 102 of CERCLA, 42
U.S.C. § 9602, as amended.
c. A substance that is defined as a hazardous waste pursuant to section 1004(5) of
RCRA, 42 U.S.C. § 6903(5), as amended, including a substance listed or identified in
40 CFR 261.
d. Any petroleum product.
7. Operating period – The annual time period during which field activities (logging, hauling,
construction, etc.) may be conducted.
8. Paid or payment – Except as otherwise expressly stated in the Contract, full
remuneration by either cash, money order or certified check.
9. Purchaser – The signatory party to this Contract other than the Administrator. Purchaser
is also defined to include employees and agents of the Purchaser authorized to conduct
activities as required for execution of the timber sale Contract. As an independent
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contractor, neither the Purchaser, its employees or agents are considered employees of
the City of Bozeman pursuant to work performed under this Contract.
10. Sawlog – A green or dead log as further defined under Section VII.C.
11. Stream – A stream is a natural watercourse of perceptible extent that has a sandy or
rocky bottom or definite banks and confines and conducts continuously or
intermittently flowing water.
12. Stumpage – The rate paid in dollars per ton as specified in Table 1 for Sawlogs and/or
Other Material.
13. Supervisor – A person designated by the Purchaser in charge of operations on site at the
sale area at all times when construction or harvesting operations are in progress. The
Supervisor has authorization to receive notices from the Forest Officer and take
appropriate action with regard to breach and/or violations of the terms of the contract.
B. REMOVAL OF TIMBER AND TITLE TRANSFER:
1. Provided the Purchaser has paid for timber as required in Section II.B.1, ADVANCE
STUMPAGE PAYMENT, the Purchaser has the right to cut and remove timber from the
sale area provided all Contract requirements related to the commencement of
operations have been met.
2. Title to all timber included in this contract shall be retained by the City until:
a. The timber has been paid for;
b. The timber has been measured, as described in Section III.A. MEASUREMENT AND
LOG ACCOUNTABILITY; and
c. The timber has been properly marked and ticketed as described in Section III.C & E.
MEASUREMENT AND LOG ACCOUNTABILITY, and removed from the gross sale area.
3. Title to timber remaining on the gross sale area at termination of the Contract shall
remain with the City of Bozeman.
4. As documented in this Contract, or otherwise agreed to, all roads and other
improvements become the property of the owner of the land on which they sit, be it the
City or a private landowner who has granted temporary access to the City to effectuate
this Contract, as they are constructed.
C. TERM OF CONTRACT: This Contract is effective upon approval and execution by the City
Manager with Consent of the City Commission and shall terminate on the September 30,
2021 unless terminated sooner for successful completion or for gross or persistent breach
and/or failure to promptly and properly remedy Contract violations of the Contract terms
pursuant to Section IV. B, TERMINATION.
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D. PRE‐OPERATIONS MEETING: No activity may occur on the sale area until a pre‐operations
meeting is conducted between the Purchaser, the City, and the Forest Officer. The
Purchaser shall notify the Forest Officer at least seven (7) days prior to the start of
operations to schedule the pre‐operations meeting. The Forest Officer will specify to the
Purchaser what information the Purchaser must provide to the City at the pre‐operations
meeting.
E. CONTRACT TERM EXTENSION:
1. Extensions to this Contract shall be of last resort. Purchaser acknowledges a portion of
the City’s funding for this Contract is grant related subject to an expiration date of
December 31, 2021. Purchaser further acknowledges that initiation of Phase 2 of the
Sourdough Fuels Reduction Project requires this Contract first be brought to term. In
the event that Purchaser’s operations are delayed and Purchaser is not able to complete
the requirements of this Contract prior to the termination date, the City may grant an
extension of the term of this Contract. An extension will be considered by the City under
only the following circumstances:
a. The City determines an extension is in its best interests;
b. Purchaser applies for the extension in writing at least 30 days prior to the
termination date and Purchaser has provided the City with written notice from the
surety that the performance bond on this contract has been extended for a period
commensurate with the requested contract extension;
c. The City notifies the Purchaser that an extension is required;
d. Purchaser has made a good faith effort to complete the sale; and
e. The extension request is not based on poor log and/or market conditions.
2. If the Contract term extension is granted, Purchaser shall conduct continuous
operations through the operating periods and/or resume operations at the start of the
next operating period until the requirements of this Contract are completed. No
extension shall be granted for a period longer than three (3) months after the
termination date as provided herein unless a longer extension is determined to be in the
City’s best interest.
3. If the extension is requested and granted because of delays resulting from matters
within Purchaser’s control, the following will apply:
a. Purchaser shall pay an extension fee of $500.00.
b. No de‐escalation will occur from the time the extension is granted by the
Administrator, as documented in a signed modification, through the remainder of
the Contract.
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4. An extension may be granted to the Purchaser without penalty if the City prohibits
logging activity for more than 2 weeks during the operating period described in this
Contract.
5. All conditions of this Contract shall remain in full force and effect during any period of
extension, unless those conditions are amended by the terms of the extension.
6. In the event the Contract terminates pursuant to Section I.C, TERM OF CONTRACT due
to expiration of the time within which its performance shall have been completed, and
the City has not granted an extension, the Purchaser shall immediately cease all
operations within the Gross Sale Area as shown in Table 1. Operations beyond the
contract termination date for which the City has not granted an extension will be
treated as trespass.
G. LIABILITY FOR LOSS: The Purchaser is responsible for loss, degradation, or damage to
timber while the timber is in its custody, including but not limited to, timber which has been
felled, skidded or decked and/or timber which has been lost, damaged or stolen after
removal from the sale area but before scaling or weight is recorded.
H. SUPERVISION: When construction or harvesting operations are in progress, the Purchaser
shall have exclusive control over the way the Contract is executed if, as determined by the
Administrator, the Purchaser has and is complying with all terms and conditions provided
herein. Purchaser is required to have a supervisor(s) in charge of operations on the sale
area at all times. Such supervisor(s) shall have authorization to receive notices from the
Forest Officer and take appropriate action with regard to breach and/or violations of the
terms and conditions of the Contract.
I. COMPLAINTS:
1. Complaints by the Purchaser concerning any action or decision of a Forest Officer,
including suspension orders, must be made in writing to the Administrator postmarked
within 10 days of the disputed action or decision. In the interim, Purchaser must comply
with the directions of the Forest Officer.
2. Upon receipt of a complaint, the Administrator, or a designated representative, shall
promptly hold an informal conference with the Purchaser and the Forest Officer to
review the disputed action. The Purchaser shall be given adequate notice of the
conference and shall be given the opportunity to present evidence and an argument to
rebut the reasons given by the Forest Officer for the disputed action. After review, the
Administrator shall notify the Purchaser in writing of his decision. The decision of the
Administrator is final on behalf of the City, except regarding termination of the contract.
J. ASSIGNMENT: This Contract shall not be assigned in whole or in part unless approved in
writing by the Administrator.
K. MODIFICATIONS:
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1. This Contract, together with the attachments listed herein, contains the entire
agreement of the parties and no statements, promises or inducements made by either
party, or agents of either party, that are not contained in such written Contract shall be
valid or binding. This Contract, except as described in Section I.K.2 below, cannot be
enlarged, modified or altered except upon written agreement signed by all parties to
this contract. Only the Administrator, his successor, his designated representative, or
the City Manager, is authorized to enter into such modification on behalf of the City.
2. To protect cultural or natural resources the City may modify provisions of the Contract
without prior agreement by the Purchaser. If such modifications occur the City will
provide equitable compensation to the Purchaser for those modifications.
L. NONDISCRIMINATION AND EQUAL PAY: The Purchaser agrees that all hiring by Purchaser
of persons performing this Contract shall be on the basis of merit and qualifications. The
Purchaser will have a policy to provide equal employment opportunity in accordance with
all applicable state and federal anti‐discrimination laws, regulations, and contracts. The
Purchaser will not refuse employment to a person, bar a person from employment, or
discriminate against a person in compensation or in a term, condition, or privilege of
employment because of race, color, religion, creed, political ideas, sex, age, marital status,
national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or
mental disability, marital status or sex distinction. The Purchaser shall be subject to and
comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code,
and all regulations promulgated thereunder. The Purchaser represents it is, and for the
term of this Contract will be, in compliance with the requirements of the Equal Pay Act of
1963 and Section 39‐3‐104, MCA (the Montana Equal Pay Act). The Purchaser must report
to the City any violations of the Montana Equal Pay Act that the Purchaser has been found
guilty of within 60 days of such finding for violations occurring during the term of this
Contract.
The Purchaser shall require these nondiscrimination terms of its subcontractors providing
services under this Contract.
M. LIABILITY INSURANCE:
1. Prior to the execution of this Contract, the Purchaser or their agents shall obtain, carry
and keep in good standing for the remainder of the contract period, with any
extensions:
a. Comprehensive general liability insurance coverage to the limit of $1,000,000.00 per
occurrence and $2,000,000.00 per aggregate. The general liability insurance
coverage must include a logging and lumbering endorsement (Logger’s Board Form).
Employers’ Liability Insurance coverage to the limit of $1,000,000.00 per occurrence
and $2,000,000.00 per aggregate.
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b. Automobile Liability Insurance: The Purchaser shall purchase and maintain coverage
to the limit of $1,000,000 property damage/bodily injury per occurrence to cover
such claims as may be caused by any act, omission, or negligence of the Purchaser or
its officers, agents, representatives, assigns, or subcontractors.
The above amounts shall be exclusive of defense costs.
2. The City and Forest Officer shall be endorsed as additional or named insureds on a
primary non‐contributory basis on both the Commercial General and Automobile
Liability policies.
3. In lieu of such coverage, the Purchaser may provide proof of self‐insurance in at least an
amount equal to that provided above.
4. All the policies of insurance required to be purchased and maintained under this
Contract shall contain a provision or endorsement that the coverage afforded will not be
canceled, or renewal refused, until at least 30 days prior written notice has been given
to the purchasing policyholder. Within three days of receipt of any such written notice,
the purchasing policyholder shall provide a copy of the notice to each additional or
named insured.
5. At least 14 days prior to the commencement of any work to be performed under this
contract, Purchaser shall deliver to the City a certificate of insurance from the insurer(s)
of the Purchaser or their agents certifying that coverage in at least the amounts stated
above is in force. Such certificate shall be submitted to the City for approval of the
insurer(s), the amount, and the form. The City reserves the right to require a certified
copy of any such policy or to examine the policy itself.
6. A self‐insured Purchaser shall provide an equivalent certificate of insurance subject to
the approval of the City.
7. It is further understood and agreed that this Contract shall terminate immediately in the
event that the mandatory liability insurance coverage required under this part is for any
reason not obtained or is discontinued.
N. WORKERS’ COMPENSATION INSURANCE:
1. Prior to the commencement of any work under this Contract, Purchaser shall provide
written verification to the Administrator that all individuals who are to be engaged in
work under this Contract, including but not limited to employees, agents or
independent contractors of the Purchaser or of its subcontractors, are either insured for
workers’ compensation coverage or are exempted from such coverage as certified
independent contractors pursuant to § 39‐71‐401 MCA.
2. It is expressly understood and agreed that no such individual may engage in work in
furtherance of this Contract at any time during its period unless either insured for
workers’ compensation coverage or exempted from such coverage as indicated above.
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3. It is understood and agreed that this Contract shall terminate immediately if workers’
compensation coverage or exemptions required under this part is discontinued for any
individuals engaged in work under this Contract.
O. SAFETY: The Purchaser, employees, subcontractors and their employees shall conduct their
activities in a safe and workmanlike manner, shall cooperate in making it possible for the
Forest Officer to safely, efficiently, and economically perform his, her or its administrative
duties, and shall comply with federal and State safety standards for logging operations as
established by the United States Department of Labor, Occupational Safety and Health
Administration (OSHA; 29 Code of Federal Regulations 1910 and any other such applicable
regulations promulgated by OSHA) and as required by Title 50, Chapter 71 of the Montana
Code Annotated, and any regulations promulgated to implement the statutes found in that
Title and Chapter of the Montana Code Annotated. The Purchaser, and not the City or
Forest Officer, is responsible for instituting and maintaining all precautions, procedures and
programs for the safety of all persons on the project site, and the City and Forest Officer
hereby disclaims any and all responsibility for injuries or accidents occurring at the site.
P. SAWMILLS PROHIBITED: No sawmills shall be allowed to operate on the gross sale area.
Q. LOG CHIPPERS OR GRINDERS: No log chippers or grinders shall be allowed to operate on
the gross sale area unless written approval to do so is granted by the Forest Officer. In
order for approval to be granted, the Purchaser shall identify a method acceptable to the
City for the measurement of all wood to be ground or chipped. If the Purchaser intends to
operate a log chipper outside of the gross sale area, provisions must be made for obtaining
certified weights of either the material removed from the sale or of the resultant products.
R. SALE DELAYED OR PRECLUDED BY JUDICIAL ACTION OR GOVERNMENT REGULATORY
ACTION:
1. In the event judicial action, change in applicable law, or implementation of government
regulatory action renders proceeding with this contract unlawful, the City will suspend
or terminate the Contract in whole or in part. Upon notice of such suspension or
termination, Purchaser shall immediately cease all or any portion of such operations
under the Contract as directed by the City. If a court of competent jurisdiction has
entered a final judgment rendering further proceeding with this Contract unlawful, or
government regulatory action takes effect, the City may terminate the Contract or, at
the City’s option, suspend the Contract in whole or in part, pending appeal of the court’s
final judgment. If the Contract is suspended, the City shall not be liable to the Purchaser
for damages or losses resulting from the delay. In the event the Contract is terminated
due to judicial action, a change in law, or government regulations, the City shall be liable
to Purchaser only as follows:
a. The City shall refund any portion of advance stumpage payments or down payments
not needed to compensate the City for timber removed.
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b. The City shall release any portion of the performance bond not needed to
compensate the City for timber removed or other losses suffered by the City due to
breach of contract by the Purchaser.
c. The City shall reimburse the Purchaser for the portion of reasonable costs of
constructing or improving roads or of installing other facilities on City lands and
approved adjacent private property pursuant to this Contract that the Purchaser has
not been able to use for removing timber. The Purchaser shall provide
documentation requested by the City of the Purchaser’s actual costs of constructing
or improving such roads or installing other improvements.
S. VENUE AND CHOICE OF LAW: In the event of litigation concerning this agreement, venue
shall be in the Sixteenth Judicial District, Gallatin County, Montana, and this agreement shall
be governed by the laws of the State of Montana both as to interpretation and
performance.
T. AUTHORIZATION TO ENTER: The Purchaser is authorized to enter the sale area only for
purposes related to the performance of this Contract or for preparing its bid. Further, the
Purchaser is responsible for securing any and all gates nightly as required by the Forest
Officer.
U. USE BY OTHERS: The City reserves the right to issue timber permits or other permits on the
sale area for forest products not included in this Contract or for other uses not in conflict
with this Contract. The City also reserves the right to permit other persons to cross the sale
area to gain access to other lands for fire suppression or for other purposes. Where the
Purchaser improves or reconstructs an existing road, the use thereafter by the Purchaser
shall accommodate safe use by others.
V. OTHER OPERATIONS BY THE CITY: The City reserves the right to at any time conduct within
the gross sale area forest management operations including, but not limited to, slash piling,
burning, handwork, broadcast burning, mop‐up, patrolling, thinning and tree planting
during the term of this Contract.
W. INDEMNITY AND LIABILITY:
1. The Purchaser agrees to indemnify the City, its officials, agents, representatives and
employees, while acting within the scope of their duties and hold the City harmless from
and against all claims, demands, and causes of action of any kind or character, including
the cost of defense, arising in favor of the Purchaser’s employees or third parties on
account of bodily or personal injuries, death or damage to property arising out of
services performed, goods or rights to intellectual property provided or omissions of
services or in any way resulting from the acts or omission of the Purchaser and/or its
agents, employees, subcontractors or its representatives while engaged in work under
this Purchaser, all to the extent of the Purchaser’s negligence.
2. For other than professional services rendered, to the fullest extent permitted by law,
Purchaser agrees to release, defend, indemnify, and hold harmless the City, its agents,
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representatives, employees, and officers from and against any and all claims, demands,
actions, fees and costs (including attorney’s fees and the costs and fees of expert
witness and consultants), losses, expenses, liabilities (including liability where activity is
inherently or intrinsically dangerous) or damages of whatever kind or nature connected
therewith and without limit and without regard to the cause or causes thereof or the
negligence of any party or parties that may be asserted against, recovered from or
suffered by the City occasioned by, growing or arising out of or resulting from or in any
way related to: (i) the negligent, reckless, or intentional misconduct of the Purchaser; or
(ii) any negligent, reckless, or intentional misconduct of any of the Purchaser’s agents.
3. Purchaser waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in
any way connected with or incident to the performance of this Contract except
“responsibility for [City’s] own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28‐2‐702, MCA.
4. Purchaser shall be responsible for, indemnify, defend and hold the City harmless from
and against any loss, cost (including, without limitation, reasonable legal, accounting,
consulting, engineering and similar expenses), damage, claim, fine or liability, including
the necessity for tests, inspections or other work, and any damage, claim, fine or liability
arising as a result of such tests, inspections or other work, the City must perform:
a. Based upon an actual or alleged violation by the Purchaser of, or failure by the
Purchaser to comply with, any Environmental Law during the term of this Contract;
b. Arising from the discharge, release, threatened release, handling, storage,
treatment, deposit or disposal of any Hazardous or Deleterious Substances caused
or exacerbated by the activities of the Purchaser on or in the gross sale area during
the term of this Contract; or
c. Otherwise arising out of or in connection with any environmental condition or action
caused or created by the Purchaser.
5. Should the City be required to bring an action against the Purchaser to assert its right to
defense or indemnification under this Contract or under the Purchaser’s applicable
insurance policies, the City shall be entitled to recover reasonable costs and attorney
fees incurred in asserting its right to indemnification or defense but only if a court of
competent jurisdiction determines the Purchaser was obligated to defend the claim(s)
or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the
event of an action filed against the City resulting from the City’s performance under this
Contract, the City may elect to represent itself and incur all costs and expenses of suit.
6. The indemnification obligations of SECTION W must not be construed to negate,
abridge, or reduce any common‐law or statutory rights of the City as indemnitee(s)
which would otherwise exist as to such indemnitee(s). Purchaser’s indemnity under
SECTION W shall be without regard to and without any right to contribution from any
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insurance maintained by City. These obligations shall survive termination of this
Contract and the services performed hereunder.
X. OTHER LAWS AND REGULATIONS: This Contract is subject to all applicable federal, state,
county, and municipal laws, ordinances, and regulations in effect at the date of this
Contract or which may, from time to time, be adopted, and which do not impair the
obligations of this Contract and which do not deprive the Purchaser of an existing property
right recognized by law. A violation by the Purchaser of any federal, state, county, and/or
municipal laws, ordinances and/or regulations while conducting operations under the terms
of this Contract, shall, in the discretion of the City, constitute sufficient reason for the
suspension or termination of this Contract. If any part of the lands or premises under this
Contract are used or allowed or permitted to be used for any purpose contrary to the laws
of this state or the United States, such unlawful use shall, in the discretion of the City,
constitute sufficient reason for the suspension or termination of this Contract.
Y. FORCE MAJEURE: Neither party shall be responsible for failure to fulfill its obligations due to
causes beyond its reasonable control, including without limitation, acts or omissions of
government or military authority, acts of God, materials shortages, transportation delays,
fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes, directly or
indirectly beyond the reasonable control of the nonperforming party, so long as such party
is using its best efforts to remedy such failure or delays. Force majeure will not relieve the
Purchaser from liability for damage or otherwise excuse performance of this Contract
should the Purchaser cause a fire for which they would be liable under § 50‐63‐103, MCA.
II. CHARGES AND PAYMENTS
A. PERFORMANCE BOND:
1. As a guarantee of the faithful performance of this Contract, Purchaser shall furnish a
bond, with sufficient sureties, to the City in an amount equal to the potential loss to the
City in the event of Purchaser’s breach or default under the terms of this Contract as
determined by the Administrator (§ 77‐5‐202 (a), MCA). The performance bond may be
in cash, bond, irrevocable letter of credit, or certificate of deposit with sufficient
sureties. A letter of credit must be automatically renewable without amendment for the
term of the Contract. The performance bond the Purchaser must submit for this
Contract is shown in Table 1.
2. Upon full performance of the terms of the Contract, the City shall release the
performance bond.
3. Upon substantial performance of the terms of the Contract, the Administrator may
release a portion of the performance bond not needed to compensate the City for any
remaining timber to be removed or any other losses that may be suffered by the City
due to breach of Contract by the Purchaser. The bond shall not be reduced to less than
five percent (5%) of the estimated value of the timber sold.
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B. PAYMENTS: The Purchaser agrees to make payments to the City of Bozeman as follows:
1. ADVANCE STUMPAGE PAYMENTS: The Purchaser is required to pay for all timber in
advance of cutting at the rates shown in Table 1. Advance stumpage payments will be
held by the City to cover the Purchaser’s estimated timber cutting for at least six (6)
weeks of operations in an amount approved by the Forest Officer. Advance stumpage
payments may be reduced just before completion of the sale or when cutting
requirements are to be suspended for at least 3 months as approved by the Forest
Officer. Advance stumpage payments may be in cash, bond, irrevocable letter of credit,
or certificate of deposit with sufficient sureties.
2. INITIAL ADVANCE STUMPAGE PAYMENT: The initial advance payment will be made by
the Purchaser in an amount approved by the Forest Officer prior to the start of timber
cutting operations.
3. PAYMENT SCHEDULE: Payments in full for individual invoices will be made by the
Purchaser as called for by the Administrator upon a recommendation by the Forest
Officer; in no event will payments be made by the Purchaser more than 14 days from
the date of billing.
C. ROAD CONSTRUCTION, USE AND MAINTENANCE PAYMENTS:
1. Purchaser shall construct and improve the road that is the subject of the Temporary
Road Permit Agreement provided in Attachment E to the construction standard
contained in Attachment B and at the direction of the Forest Officer. During the term of
this Contract, Purchaser shall be solely responsible to maintain the road. At the
termination of this Contract, the road will left in a condition meeting the terms of the
Temporary Road Permit Agreement.
2. ALTERNATE HAUL ROUTES: The Purchaser is authorized by the City to use the haul
routes designated and depicted on Attachment F this Contract. If the Purchaser desires
to use an alternate haul route, that haul route must be approved by the City prior to its
use. Road use charges, maintenance requirements and payments may be required by
the City to reflect the alternate haul route used by the Purchaser. The Purchaser is
responsible for obtaining any right‐of‐way required for an alternate haul route and for
meeting all requirements of any agreements associated with that right‐of‐way. Proof of
any such agreement must be provided to the City prior to use. Stumpage fees are not
subject to a downward adjustment under this clause.
III. MEASUREMENT AND LOG ACCOUNTABILITY
A. PRODUCT MEASUREMENT:
1. The City will determine the value of products removed from the sale based on the total
net weight of material hauled. Weight tickets will be used to obtain the total value.
TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction
14
2. When mixed products with different payment rates per ton are hauled on one load, the
entire load will be charged at the rate of the product with the highest value contained in
the load.
3. Upon request by the City, the most recent load delivered to a receiving mill must be
made available for inspection by the City or the Forest Officer. The weight ticket
identifying the load must remain affixed to the load.
B. WEIGHT TICKETS: The Purchaser is required to furnish weight tickets to the City as agreed
to by the Forest Officer and the Purchaser.
1. All weight tickets shall be mailed or delivered with corresponding load tickets, as
outlined below, directly to the Forest Officer, Gary Peck, at P.O. Box 238, Bozeman, MT
59771. This requirement may be waived or changed by the Forest Officer.
2. Weight tickets shall show gross, tare and net weights and the corresponding load ticket
number of each product load. All weight tickets must have mechanically stamped
weights for the gross and tare weights unless otherwise permitted in writing by the
Forest Officer. Proof of calibration for scales used to produce weight tickets shall be
provided as directed by the Forest Officer. Weight tickets will be mailed or delivered to
the Forest Officer at the foregoing address on a bi‐weekly basis or as otherwise agreed
to by the Forest Officer. A weight ticket will be considered as missing if not furnished
within 4 weeks of the load delivery date. Failure to comply with this provision is a
Contract violation.
3. Truck ticket information may be scanned and emailed to the Forest Officer electronically
if all required ticket information is provided. Tickets submitted in this format must be
emailed to: peckgs@gmail.com with a cc to bheaston@bozeman.net. The information
must be provided to the Forest Officer on a bi‐weekly basis prior to the tenth (10th) and
twenty‐fourth (24th) of each month. The paper copy of the weight tickets must also
continue to be provided to the Forest Officer. The requirement to supply the paper
copy of the weight tickets may be waived by the Administrator.
C. LOAD TICKETS: The Purchaser will be issued load ticket books with consecutively numbered
tickets for uniquely identifying truckloads of logs. A load ticket shall be attached to the
driver’s side bunk log of each product load prior to hauling, with the Scaler’s copy given to
the Forest Officer from the delivery point. The Purchaser shall complete each ticket with
the sale information required by the City. The Purchaser shall provide to the Forest Officer
a complete list of destinations to which loads will be delivered. The Forest Officer, at its
discretion, may require a separate ticket book for each destination. Failure to comply with
this provision is a Contract violation.
D. SORTING OF PRODUCTS: The Forest Officer may require separate ticket books for any loads
sorted by the Purchaser by size or species or by specific products intended for different
delivery points. Load tickets designated for a specific product must only be used for that
specific product. When a load ticket is used with an incorrect product it is a Contract
violation.
TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction
15
E. LOAD MARKING: The Purchaser is required to mark all loads of logs before removal from
the loading area to assist in identification while in transit or at the point of delivery. Marking
shall be accomplished by painting “BZN” in blue paint and the last three digits of the truck
load ticket number on log ends of at least three logs on each load, both front and back. The
driver’s side bunk log shall be one of the marked logs. Failure to comply with this provision
is a Contract violation.
F. PROMPT DELIVERY: The Purchaser will deliver loads from the timber sale area to a
receiving log yard directly without diversion. “Over‐nighting” loads during transit are
expressly forbidden unless approved by Forest Officer prior to hauling. Failure to comply
with this provision is a Contract violation.
G. SCALE RULE:
1. Any sawlogs scaled by the City shall be scaled using the Scribner Decimal “C” log rule.
Log scaling will follow the procedures listed in the National Forest Log Scaling Handbook
(FSH 2409.11) excluding Region 1 supplements.
2. In cases where conversion is required, a conversion factor of 6.2 tons per thousand
board feet will be used for sawlogs.
IV. CONTRACT VIOLATIONS AND PENALTIES
A. SUSPENSION:
1. FAILURE TO PAY ADVANCE STUMPAGE: If Purchaser fails to submit advance stumpage
payments in the amount approved by the Forest Officer pursuant to the terms of this
Contract within 30 days of the request for such payments, all operations covered by this
Contract shall immediately cease upon written or oral order from the Forest Officer until
all required advance stumpage payments, or guarantee of payment satisfactory to the
City, have been made. The cutting and removal of timber may resume only upon receipt
of written notice to the Purchaser from the City that acknowledges adequate payment
or guarantee.
2. LOSS OF BOND: If the surety bond or other bond securing performance of this Contract
is canceled or otherwise becomes ineffective, operations covered by this Contract shall
immediately cease upon written or oral order from the Forest Officer to the Purchaser.
Cutting and removal of timber may resume only upon receipt of written notice from the
City that acknowledges adequate bond.
3. OTHER CONTRACT VIOLATIONS:
a. Should the Forest Officer observe a condition that violates the terms of this
Contract, the Forest Officer may verbally notify the Purchaser or its employees or
subcontractors of such condition and immediately suspend all or part of the
operations in the sale area to prevent harm to the interests of the City or the public.
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Should the Purchaser or its employees or subcontractors fail to comply with any
verbal suspension order, the Administrator may terminate the Contract pursuant to
Section IV. B. Termination. The Forest Officer may rescind his/her verbal suspension
order upon satisfactory cure of the Purchaser’s violation and operations may
resume.
b. Suspension orders may be given in writing or verbally to the Purchaser, or to his, her
or its employees or subcontractors. Once given, the Purchaser, and his, her or its
employees or subcontractors shall immediately comply with such order of
suspension and failure to do so shall constitute grounds for termination of this
Contract. Suspension orders are reviewable under the provisions described in
Section I.I. COMPLAINTS.
c. The Administrator may issue a written notice of suspension depending upon the
severity of the violation and Purchaser’s ability to cure. Such notice shall contain
information regarding: 1. The breach observed and harm anticipated; 2. The
contract provisions violated; 3. If possible, the measures required to cure the
violation and allow operations to resume; and 4. The deadline within which the
Purchaser must cure the violation. Should the Purchaser fail to cure the violation as
required, or to obtain a written variance from the Administrator, the Administrator
may charge the Purchaser a $250 per day penalty for every day that the violation
persists. Operations may resume only upon written notice from the Administrator.
If satisfactory measures or remedies cannot be found to cure the violation, the
Administrator may immediately terminate the Contract pursuant to Section IV.B.
TERMINATION.
B. TERMINATION:
1. Gross or persistent Contract violations and/or failure to promptly and properly remedy
contract violations by the Purchaser pursuant to the terms of this Contract shall be
grounds for termination of the Contract by the City.
2. If this Contract is terminated by the City, the Administrator shall immediately notify the
Purchaser of the termination and the reasons for it by certified mail. Such notice shall
describe in what respects the Contract has been breached, the means, if any, by which
the breach can be remedied and the consequences of such termination. The Contract
shall be terminated 18 days from the date the notice is mailed to the Purchaser at the
address stated in this Contract.
3. Upon receipt of the notice of termination the Purchaser shall immediately cease all
operations pursuant to and permitted by the Contract until the termination is resolved
as provided pursuant to this Section of the Contract, Section IV.B. TERMINATION.
4. The Purchaser has 18 days after mailing of the notice of termination within which to file
with the Administrator and City Attorney, a notice of appeal for a hearing before the
City Commission. If a timely notice of appeal is filed, the Contract remains in effect until
the decision of theCity Commission, but any suspension order shall remain in effect in
TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction
17
the interim. The City Commission shall conduct a public hearing to determine whether
the Contract should be reinstated.
5. If the Contract is reinstated the Purchaser will not be penalized for any delays that
resulted from the appeal.
C. LIABILITY FOR DAMAGES:
1. The Purchaser shall be liable for any damages sustained by the City arising from
Purchaser’s breach of the terms of this Contract and the City may cause all or part of the
performance bond to be forfeited to recover such damages.
2. In the event that a portion of the timber sale under this Contract is resold as a result of
the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is
lower than the stumpage rate provided herein, the difference between the original rate
and the new rate shall be considered damages and the Purchaser shall be liable to the
City for those damages. The City may cause all or part of the Purchaser’s performance
bond to be forfeited to recover such damages.
D. CITY’S OPTION TO COMPLETE CONTRACT REQUIREMENTS: If the Purchaser fails to
complete the requirements described in this Contract in a timely manner or if the Contract
is terminated pursuant to Section IV.B. TERMINATION, the City reserves the right to
complete the work itself or through a contractor. The Purchaser will be billed for any
additional costs incurred by the City due to the Purchaser’s failure to perform the
requirements of this Contract. These additional costs may include City employee time and
expenses that were extraordinary to the normal administration of the Contract, such as
time and expenses incurred to hire a replacement contractor. Purchaser’s failure to make
payment within 14 days from the date of billing may cause all or part of the performance
bond to be forfeited to recover such costs.
E. WAIVER OF PENALTIES: The penalties specified in this section shall be regarded as
liquidated damages and may be waived or reduced at the discretion of the Administrator in
exceptional cases.
F. FOREST PRACTICES LAWS: The Purchaser shall conduct logging operations in compliance
with all laws relating to forest practices in the State of Montana. The Purchaser shall be
responsible for all reclamation and penalties that result from violations of applicable forest
practices laws.
G. MEASUREMENT AND LOG ACCOUNTABILITY VIOLATIONS:
1. MISSING LOAD TICKETS: The Purchaser will be charged up to $500.00 for each unused
load ticket that the Purchaser has lost or misplaced while in his, her or its possession.
An unused ticket is defined as a ticket that is not turned into the Forest Officer with an
associated truckload weight.
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18
2. FAILURE TO ATTACH OR COMPLETE LOAD TICKET: The Purchaser may be charged
$500.00 per load for failure to attach a load ticket to each product load prior to hauling,
or for failure to complete the load ticket with all required information.
3. MISSING WEIGHT TICKETS:
a. The Purchaser will be charged up to triple the Contract stumpage rate for each truck
weight ticket not furnished to the City.
b. The Forest Officer will notify the Purchaser of each missing weight ticket.
c. The load weight will be determined by averaging weights from other loads hauled by
the Purchaser to the same mill within the same billing period, or 30 tons for single
loads and 38 tons for loads with a pup trailer attached.
d. For Other Material, as defined by this Contract, the minimum stumpage for
purposes of penalty shall be $10.00 per ton or the Contract stumpage rate
multiplied by 3, whichever is higher.
4. IMPROPERLY LABELED PRODUCT: The Purchaser may be charged $500.00 per load for
loads with an incorrect load ticket for the product (Sawlog or Other Material) in the load
as determined by the Forest Officer. In addition, the stumpage paid for an improperly
ticketed load shall be at the highest Contract stumpage rate for products hauled
pursuant to this Contract.
5. IMPROPERLY MARKED LOADS: The Purchaser may be charged $40.00 per load for each
load not marked in accordance with Section III.E. LOAD MARKING as determined by the
Forest Officer.
H. RESOURE PROTECTION VIOLATIONS:
1. The Purchaser may be charged five hundred dollars ($500.00) per piece of equipment
determined to have entered sale area without Forest Officer inspection in accordance
with VI.K. NOXIOUS WEED MANAGMENT. This charge does not relieve the Purchaser
from requirement VI.K. NOXIOUS WEED MANAGEMENT.
I. FAILURE TO MEET COMPLETION DATES: The Purchaser may be charged $100.00 for each
complete calendar day the Purchaser fails to meet the deadlines shown in Table 3.
J. LATE PAYMENTS: The Purchaser may be charged $100.00 per day beginning the 15th day
after the billing date for failure to pay for forest products, pursuant to Section II.B
PAYMENTS.
V. FIRE PROTECTION
A. FIRE REGULATIONS: The Purchaser is required to conduct all operations in accordance with
the Montana Forest Fire Regulations, Attachment C.
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B. FIRE PREVENTION: During the time that this Contract remains in force, the Purchaser shall,
to the greatest extent practicable, prevent forest fires on the area described in this Contract
and in its vicinity, and shall require all employees, contractors and employees of contractors
to do likewise.
C. FIRE COSTS: The costs borne by the City for suppressing fires that are intentionally lit by the
Purchaser or that are caused by negligence or fault in the Purchaser’s operations shall be
paid by the Purchaser to the City. The Purchaser shall also be liable for property and
resource damage resulting from these fires.
D. FIRE REPORTING: Any wildfires, which the Purchaser detects or suppresses, must be
reported as soon as possible to the responsible fire protection agency and the City.
E. SUSPENSION OF OPERATIONS: When fire danger reaches extreme levels the Forest Officer
may suspend operations until fire conditions in and/or around the sale area improve. The
City may grant a contract extension to compensate for the time suspended.
H. CONTACT INFORMATION: The Purchaser will provide the Forest Officer with phone
numbers of the Purchaser and their employees and contractors when logging operations
are in progress (including nights and weekends), in order to establish contact at any time if
a wildfire occurs within the sale area or on other lands accessed by road systems associated
with the sale.
VI. RESOURCE PROTECTION
A. DAMAGE PREVENTION: The Purchaser shall use reasonable skill and care in all operations
to prevent damage to soils, trails, meadows, stream banks, stream channels, wetlands,
lakeshores or other natural features of the sale area.
B. STREAM PROTECTION:
1. Construction and logging equipment will not be operated in Streamside Management
Zones. An exception may be provided for through this Contract or the Forest Officer
may grant written permission. Additional protection measures may be required in
Section VII.G, SPECIAL OPERATING REQUIREMENTS and in Contract Attachments.
2. The Purchaser shall notify the Forest Officer immediately if debris from logging or
construction enters a stream or stream channel.
3. The Purchaser shall remove any debris resulting from logging or construction
operations, which may affect the natural flow of any streams traversing the sale area.
This work will be completed in a manner that causes the least disturbance to the
streams, as directed by the Forest Officer.
4. Logs shall not be hauled, skidded or yarded across streams unless the logs are fully
suspended, or otherwise yarded as specified in this Contract. The Forest Officer must
approve all logging and construction plans, including changes, before implementation.
TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction
20
5. All operations shall be conducted in a manner to comply with Montana Water Quality
Standards, the Streamside Management Zone Law, and all applicable permits.
C. CULTURAL RESOURCES: If a cultural resource is discovered, the Purchaser shall
immediately suspend all operations in the vicinity of the cultural resource and notify the
Forest Officer. Operations may only resume if authorized by the Forest Officer. Cultural
resources identified and protected elsewhere in this contract are exempted from this
clause. Cultural resources, once discovered or identified, are not to be disturbed by the
Purchaser, or his, her or its employees and/or subcontractors.
D. DISCOVERY OF THREATENED AND ENDANGERED SPECIES:
1. If a specific habitat feature for a federally listed threatened or endangered species is
encountered, the Purchaser shall suspend all operations in the vicinity of the
observation or discovery and immediately notify the Forest Officer. Operations may
resume only if authorized by the Forest Officer. Habitat features identified and
protected elsewhere in this contract are exempted from this clause.
2. If a federally listed threatened or endangered species is encountered, the Purchaser
shall immediately notify the Forest Officer. The Purchaser may be required to suspend
operations in the vicinity of the observation or discovery. If suspended, operations may
resume only if authorized by the Forest Officer.
E. SANITATION: The Purchaser’s operations, as described by this contract, shall comply with
all applicable State laws, rules and regulations concerning sanitation in operations. Refuse
resulting from the Purchaser’s activities, including the use, servicing, repair, or
abandonment of equipment, shall be removed or otherwise disposed of in a manner that
complies with all State laws and meets the approval of the Forest Officer. The Purchaser
shall not service tractors, trucks and similar pieces of equipment on lands that directly drain
into or are within 100 feet of lakes, streams or recreational facilities. No logging camp will
be located on the gross sale area without prior approval by the Forest Officer.
F. HAZARDOUS SUBSTANCES: In addition to the indemnification provided in Section I.W.
INDEMNITY AND LIABILITY, with respect to Hazardous Substances, the following duties shall
apply:
1. The Purchaser shall know and comply with regulations governing the storage, handling,
application, disposal, and reporting of pesticides, herbicides, containers, biological
waste, petroleum products, dust abatement compounds, and other hazardous
substances. The Purchaser shall obtain the approval of the Forest Officer to store,
handle, apply or dispose of these substances on City land.
2. The Purchaser shall not transport, handle, store, load, apply, or dispose of any
hazardous substance in such a manner as to pollute water supplies or waterways, or
cause damage or injury to people, land, desirable plants, and animals.
G. PROTECTION OF IMPROVEMENTS: The Purchaser shall to the greatest extent practicable
protect from damage all gates, signs, telephone lines, power lines, fences, irrigation ditches,
TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction
21
cattle guards, drainage structures, road improvements, and any other improvements or
infrastructure within the gross sale area and/or along haul routes. Damages caused by the
Purchaser, his, her or its employees or subcontractors, and expenses associated with the
repair or replacement of damaged structures and improvements are the sole responsibility
of the Purchaser.
H. HAUL ROADS: The Purchaser must meet all City, County, MDT, and Federal Regulation and
Load requirements. During spring thaw or other extended wet conditions the Purchaser is
notified that Nash Road and other county roads may not hold up to heavy haul trucks. The
County may impose stricter load restrictions during spring thaw or other extended wet
conditions and may not allow any haul trucks to operate at all during these periods. If Nash
Road, or any other county road that may be approved by the City as a haul route, begins to
fail, the Purchaser will be responsible for all repair and project delay costs should they
occur. Purchasers shall contact the Gallatin County Road Department to satisfy themselves
of any constraints that may be placed on them that would affect the progress and stumpage
rate of this contract. Purchaser shall use the haul routes designated and depicted on
Attachment F unless allowance for an alternate haul route is approved by the City per
Section II.C.2 of this Contract.
I. PROPERTY CORNER RESTORATION: The Purchaser is required to replace any General Land
Office township, section, quarter or meander corners, monuments or witness trees on or
adjacent to the timber sale area which may have been moved, disturbed or lost, as a result
of the Purchaser’s logging or construction operations. Any necessary replacements must be
carried out by a licensed surveyor at the Purchaser’s expense.
J. PASSABLE ROADS: The Purchaser will leave all roads and trails free from obstruction by
logs, brush or debris following the completion of logging operations. Temporary or
permanent obstructions may be acceptable if approved by the Forest Officer.
K. NOXIOUS WEED MANAGEMENT: All equipment used in road construction and off‐road
logging activity must be pressure‐washed by the Purchaser and inspected by the Forest
Officer prior to entering the sale area. This cleaning will remove all dirt, plant parts, and
material that may carry noxious weed seeds into the sale area. Other equipment and
vehicles entering and leaving the sale area shall be cleaned prior to start up and kept
reasonably clean during the course of operations. All subsequent move‐ins of logging and
construction equipment shall be treated the same as the initial move‐in.
L. WILDLIFE PROTECTION:
1. The Purchaser is authorized to enter areas closed by gates, barricades or berms with
motorized vehicles only for the purposes related to the performance of this Contract.
Motorized vehicle entry for purposes other than Contract performance, such as hunting
or transporting game animals will be considered trespass and prosecuted to the fullest
extent of the law (Montana Code Annotated § 45‐6‐203).
2. The Purchaser will store human or pet food, livestock food, garbage, and other
attractants in a bear‐resistant manner.
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3. The Purchaser will not bury or discard attractants in the sale area, or burn attractants
(such as food leftovers) in an open campfire.
4. The Purchaser will provide each employee with a copy of Attachment D “Working in
Bear Habitat” Brochure.
VII. LOGGING
A. TREES DESIGNATED FOR CUTTING: All trees meeting the following requirements must be
cut by the Purchaser.
1. TREES IN UNITS: Trees that meet the Minimum Log Size of Trees Designated for Cutting
in Table 2 are to be cut in each unit according to the Marking specifications shown in
Section VII.F. UNIT DESIGNATIONS.
2. RIGHT‐OF‐WAY TREES: All trees within road right‐of‐way boundaries must be cut.
3. DAMAGED TREES: Reserved trees, which are root‐cut, damaged by felling or skidding,
uprooted or broken off by the Purchasers operations may be designated for cutting by
the Forest Officer. The Forest Officer may mark additional reserve trees to replace those
that have been cut or damaged.
4. FIRE KILL, INSECT INFESTATIONS AND WIND THROWN: The Purchaser may be required
to cut and remove at current Contract rates, fire‐killed, high hazard, disease infected,
insect‐infested or wind thrown (defined as blown down or wind‐damaged to the extent
that the tree is expected to fall or is dying) trees that occur in any part of the gross sale
area while this Contract is in effect, if the Forest Officer determines that the stumpage
value per ton of the additional timber is approximately equal to the value of the timber
being harvested under this Contract.
B. TREES RESERVED FROM CUTTING:
1. LEAVE TREES: Trees, both live and dead, marked to leave or otherwise described to
leave are reserved from cutting. Any trees not specifically required to be cut are
reserved from cutting.
2. BOUNDARY AND BEARING TREES: Trees marking the boundaries of ownership, logging
units, equipment restriction zones, streamside management zones, road rights‐of‐way,
and bearing trees, are reserved from cutting unless otherwise designated by this
Contract or by the Forest Officer.
C. LOG MANUFACTURING AND RECOVERY STANDARDS:
1. SAWLOG STANDARDS: Trees cut by the Purchaser shall be manufactured to secure the
maximum utilization of forest products according to III.G.1. All logs that meet or exceed
the Manufacturing and Recovery Standards in Table 2 and this section shall be skidded
to landings and hauled by the Purchaser.
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a. Logs shall be bucked to utilize the entire length of the tree to the top diameter
specified under Manufacturing and Recovery Standards in Table 2.
b. Logs meeting utilization specifications in Table 2 shall be manufactured in such a
manner as to minimize waste during bucking operations.
c. A tree or log larger than 5.6” top DIB is considered to be a sawlog if it contains
Scribner Decimal C Net Scale 33% of Gross.
2. OTHER MATERIAL: The Purchaser must fell all trees marked or designated for cutting
that contain a log meeting Top DIB and Length standards for Other Material in Table 2.
The Forest Officer shall designate Other Material to either be skid and hauled or
machine piled. Other material that is hauled shall be billed at the rate for Other Material
shown in Table 1.
a. All Contract provisions apply to the removal of Other Material.
b. Other Material that is designated to be skid and hauled by the Forest Officer shall be
decked and hauled by the Purchaser separately from sawlogs. All hauled loads of
Other Material will have a truck ticket assigned and will meet the specifications in
Section III, MEASUREMENT AND LOG ACCOUNTABILITY.
c. Butt cut logs (the first log cut above the stump) that meet MANUFACTURING AND
RECOVERY STANDARDS for sawlogs in Table 2, but do not meet sawlog standards for
TREES DESIGNATED FOR CUTTING are considered Other Material as determined by
the Forest Officer.
d. Other Material that is designated to be machine piled by the Forest Officer shall be
done so as directed by the Forest Officer.
3. DOWN WOODY MATERIAL: 5 to 10 tons per acre of downed woody material larger than
3 inches in diameter shall be left scattered throughout the sale units. The Forest Officer
will determine the appropriate amount of material and may designate pieces to be left
for this purpose that would otherwise be skidded and hauled under Sections VII.C.1 or
VII.C.2, LOG MANUFACTURING AND RECOVERY STANDARDS.
4. NUTRIENT RETENTION: Removal from the site of fine branches and leafy material shall
be minimized.
5. SNAGS: The Purchaser will retain a minimum of 4 snags per acre and 2 recruitment
trees per acre that are >15 inches DBH within each harvest unit unless superseded by
Section VII.F, UNIT DESIGNATIONS. If snags and recruitment trees of this size class are
not available, the next largest available size class shall be retained. If snags present
human safety concerns, the Purchaser may substitute snag recruits for snags upon
approval of the Forest Officer. Snags cut for safety purposes shall remain in the unit.
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TABLE 2.
PRODUCT
TREES DESIGNATED
FOR CUTTING
MANUFACTURING AND
RECOVERY STANDARDS
The Purchaser must fell all
trees marked or designated
for cutting that contain a log
of this minimum size.
The Purchaser must skid and haul all logs
that meet this minimum specification.
Top DIB Length Top DIB Length
Sawlogs meeting
standards in Section
VII.C.1.b through c Sawlogs 5.6” 18’2” 5.6”
18’2”
Other Material 3” 18’2”
Skid and haul of Other Material shall occur
at the direction of the Forest Officer
pursuant to Section VII.C.2.b through c.
D. TREE AND BOUNDARY MARKING:
1. TREES MARKED TO LEAVE: Marked with a horizontal blue paint marker at Diameter
Breast Height (DBH).
2. HARVEST UNIT BOUNDARIES: Marked with blue flagging.
3. ROAD RIGHT‐OF‐WAY BOUNDARIES: Marked with blue flagging.
4. PROPERTY BOUNDARIES: Marked with red flagging.
5. STREAMSIDE MANAGEMENT ZONES: Marked with fluorescent pink flagging stenciled
with “STREAMSIDE MANAGEMENT ZONE”.
6. EQUIPMENT RESTRICTION ZONES: Marked with red/white striped flagging.
E. HARVEST SCHEDULE: The Purchaser must cut and remove trees from the sale or portions
of the sale, such as units, by the dates shown on the HARVEST COMPLETION SCHEDULE,
Table 3:
TABLE 3. HARVEST COMPLETION SCHEDULE
Priority Unit or Portion of Sale Completion Date
1 All September 15, 2021
F. UNIT DESIGNATIONS: The following requirements are to be performed by the Purchaser in
the harvest units listed below and as shown on the sale map, Attachment A. Paragraph
headings refer to paragraphs listed in Section VII.G, SPECIAL OPERATING REQUIREMENTS.
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HARVEST UNIT
NUMBER(S) ACRES ESTIMATED VOLUME (Tons)
1 (R/W) 1.5 100
2 18.5 1,250
YARDING METHOD: Conventional ground based.
MARKING: Harvest unit boundaries are marked with blue flagging. Cut all trees within
unit boundary except leave trees marked with horizontal blue paint at DBH.
OPERATING PERIOD: July 1 through September 15, 2021
SPECIAL OPERATING REQUIREMENTS: None.
G. SPECIAL OPERATING REQUIREMENTS: The following requirements are to be performed by
the Purchaser in specific sale units as shown in Section VII.F, UNIT DESIGNATIONS.
1. None.
H. LOGGING OPERATIONS PLAN: The Forest Officer shall approve a plan for felling, yarding,
and landing logs (both Sawlogs and Other Material) in each harvest unit prior to the start of
operations in that unit.
I. SKID TRAIL LAYOUT AND YARDING PLAN: The Purchaser must follow these requirements
along with those shown under VII.G. SPECIAL OPERATING REQUIREMENTS when developing
a yarding plan for each unit. The Forest Officer may approve exceptions to these
requirements in writing.
1. The Purchaser shall lay out skid trails and have locations approved by the Forest Officer
prior to felling trees.
2. All skid trails will be located within the harvest unit boundaries.
3. Any constructed skid trails shall be completed and approved by the Forest Officer prior
to felling timber.
4. Skid trails will not be located in draws, and may only cross draws at locations flagged
and approved by the Forest Officer.
J. LANDINGS AND LOG DECKS:
1. The Purchaser shall construct landings at locations approved by the Forest Officer prior
to felling timber.
2. Landings shall be kept to the minimum size necessary to allow the safe handling of logs.
The Forest Officer must approve landing size.
3. All deck locations shall be approved by the Forest Officer prior to clearing or use. Decks
shall be located so as to minimize the number of trees cut for construction of the deck
area.
TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction
26
K. FELLING:
1. In each harvest unit, a felling pattern shall be used which conforms to the logging
operations plan and causes the least damage to reserve trees and other resources.
2. Felling shall be systematic and continuous to avoid lost logs and minimize the number of
skidding trips.
3. Trees shall be directionally felled away from features requiring protection within or
adjacent to harvest units. Features requiring protection include streams, meadows, wet
areas, and areas specified under Section VII.F. UNIT DESIGNATIONS. Wedges, jacks,
winches, or other special equipment may be required to direct trees when felling. Trees
falling into protection areas shall be winch‐line skidded out of protected features. All
necessary mitigation for damage caused by improper and/or non‐approved felling into a
protected zone is the responsibility of the Purchaser. The Forest Officer must approve
all mitigation work.
4. Traffic Control Required For Felling along Roads: If felling operations occur along public
roads, traffic guards with “STOP” signs shall be posted 500 feet in both directions from
the units on open roads, providing a safety zone to warn oncoming traffic that logging
operations are in progress. All traffic shall be stopped when tree felling is in progress.
Traffic stops should not exceed 15 minutes at any one time. All saws will be shut off
when traffic is moving through the safety zone. Wedges and/or jacks shall be used to
ensure trees do not fall onto the roadway. In the event a tree falls across the roadway,
all debris shall be removed immediately from the roadway and right‐of‐way. The Forest
Officer must approve any extended road closures for logging operations.
L. YARDING AND MECHANICAL FELLING: The Purchaser must follow these requirements
during logging operations, along with those shown under Section VII.G. SPECIAL OPERATING
REQUIREMENTS. The Forest Officer will determine when restrictive conditions apply, and
may approve exceptions to these requirements in writing.
1. Soil Compaction Restrictions: In order to prevent soil resource impacts, ground‐based
mechanical felling and yarding are restricted to periods when one or more of the
following conditions occur:
a. Soil moisture content at 4‐inch depth less than 20% oven‐dry weight.
b. Minimum frost depth of 4 inches.
c. Minimum snow depth of 18 inches, loose, or 12 inches, packed.
2. Suspended Operations for Soil Compaction and Displacement: The Purchaser will be
required to restrict or suspend logging operations when soils are subject to compaction
or displacement by heavy equipment as determined by the Forest Officer.
3. Equipment Restrictions:
TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction
27
a. Equipment shall not be operated in areas designated as EQUIPMENT RESTRICTION
ZONES, WETLAND MANAGEMENT ZONES or STREAMSIDE MANAGEMENT ZONES as
shown in Section VII.D.6 and 7, unless authorized by this Contract or the Forest
Officer.
b. Equipment shall not be operated in soft soils, boggy areas or areas where skidding
would cause excessive compaction and displacement.
c. Any trees designated for harvest within such zones shall be winchline skidded to skid
trails outside the zone.
d. Slash will not be piled in or pushed into these zones.
e. The Forest Officer must approve any designated crossings of restricted areas.
4. Protection of Reserved Trees: The Purchaser shall exercise reasonable care to prevent
damage to trees reserved from cutting during logging operations.
M. CLEAN‐UP AND COMPLETION: The Purchaser must follow these requirements and those
shown under Section VII.G. SPECIAL OPERATING REQUIREMENTS during logging operations.
The Forest Officer will determine when restrictive conditions apply, specifications and dates
to meet these requirements and may approve exceptions in writing. The Forest Officer
must approve all designated work prior to the removal of Purchaser’s equipment.
1. Logging Debris Confined To Units: All debris from logging shall be confined within the
harvest unit boundaries. Any logging debris outside a harvest unit must be returned to
within the unit boundary.
2. Skidding Debris on Roads: The Purchaser shall remove logging slash remaining on any
portion of a road cutbank or traveled way. Cut and fill slopes, ditches, or road surfaces
damaged by skidding operations shall be restored to original conditions. Reseeding is
required if vegetation is damaged by skidding.
3. Repair of Improvements: Damage caused by the Purchaser’s operations to culverts,
waterlines, fences, roads, bridges, gates, cattleguards, signs, and all other
improvements must be adequately repaired or replaced.
4. Erosion Control:
a. The Purchaser shall construct slash and debris erosion barriers, dips, water bars or
ditches in skid trails and landings as directed by the Forest Officer.
b. The kinds and frequency of erosion control structures shall be adjusted to soil types,
topography and climatic conditions as directed by the Forest Officer.
c. The Purchaser is required to recontour any excavated skid trails, and provide for
effective erosion control in the trail location as directed by the Forest Officer.
TIMBER SALE CONTRACT – Phase 1 Sourdough Fuels Reduction
28
d. Erosion control work shall commence as soon as skidding is completed on each skid
trail or landing, and must be kept current with unit operations.
e. Erosion control work shall be completed and approved by the Forest Officer in
unfinished units before operations cease for inactive periods including heavy winter
snowfall, spring breakup and restricted dates.
f. All erosion control work in each unit shall be completed prior to notification
pursuant to Section VII.M.7. Acceptance of Completed Harvest Units.
g. The Purchaser shall maintain erosion control structures in active sale areas
throughout the contract period or extensions thereof.
5. Landing and Decking Area Cleanup: The Purchaser is required to pile logging residues on
landings and log‐decking areas. Proper equipment (e.g. brush blade, log loader) shall be
used to ensure that no dirt is incorporated into the piles. Mechanical scarification of
landing and decking areas may be required. Where logs have been decked on the
downhill or fill side of a road, the Purchaser may be required to pile residue with a log
loader or by hand. Residue piles shall be a minimum of 15 feet away from any live trees.
Piles shall be located and constructed as directed by the Forest Officer.
6. Systematic Harvest Unit Operations: When harvest operations are begun on a
designated harvest unit, the harvest operations on that unit shall be fully completed
before cutting may begin on other harvest units.
7. Acceptance of Completed Harvest Units: The Forest Officer will notify the Purchaser in
writing when all contract requirements for each specified harvest unit or area have been
met. After notice has been received, the Purchaser is not required to do additional work
on the specified area except as provided in Section VII.A.4. FIRE KILL, INSECT
INFESTATION, AND WIND THROWN.
N. HAULING RESTRICTIONS: The Purchaser will be required to restrict or suspend hauling
during periods when the compacted road surface would be damaged, as directed by the
Forest Officer. Restrictions are required when hauling would cause rutting into the
subgrade, or surfacing materials would be displaced, such as during heavy rainfall or spring
breakup freezing and thawing cycles.
O. HAUL ROUTES: The Purchaser shall limit its haul routes for logging trucks and heavy
equipment to those designated and depicted on Attachment F. Truck engine breaks shall
not be used within Bozeman City Limits.
P. LOGGING OPERATIONS SAFETY SIGNS: Road signs warning of logging and road
construction operations shall be posted 500 feet from the operations. When log hauling is
in progress, warning signs shall be posted at major road junctions as directed by the Forest
Officer. Warning signs must comply with specifications in the Manual on Uniform Traffic
Control Devices.
05
24
08
01
18
06
19 20
12
13
17
07
18
Liebmann Property
Liebmann Existing Road
New Spur Road (this contract)
USFS System Trails
PublicLands
City Government
US Forest Service
Sourdough Fuels Treatment Areas
Phase 1: Ground-Based Treatment
See Map Inset
Map Inset
Nash Rd
Sourdough Canyon RdSourdough RdS 3rd RdAttachment A
Timber Sale Map
Phase 1 Sourdough Fuels Reduction
0 1,000 2,000500Feet
¯
0 200 400100Feet
Attachment B – Road Construction and Maintenance Specifications
1
ROAD CONSTRUCTION AND MAINTENANCE SPECIFICATIONS
I. CONSTRUCTION REQUIREMENTS
A. ROADS: The Purchaser is required to construct and/or maintain the roads shown in Table B‐1 to the
specifications of this Attachment B and applicable contract provisions.
TABLE B-1. ROAD REQUIREMENTS
Road Name or
Number
Approximate
Length
Type of
Construction
Operation
Period
Completion
Date or Requirement
Liebmann Existing
Road
1.5 miles Maintenance Contract Start through
September 30, 2021
After harvest
New Spur Road 0.5 miles New Construction Contract Start through
September 30, 2021
Prior to harvest
ROAD CONSTRUCTION MATERIALS ESTIMATE:
TABLE B-2: MATERIALS FURNISHED AND INSTALLED BY THE PURCHASER:
The Purchaser is required to furnish the described material and install as required in this Attachment B.
Quantities are estimated, and the Attachment B requirements and specifications must be met regardless of
the estimated amounts. All materials furnished by the Purchaser become the property of the City when
installed.
Corrugated Metal Pipe Other Materials
No. Diameter Length Gauge Amount Description
1 15” 48’ 16 1 14’ x 4’ x 2” dia round tube steel 6‐rail gate, (2) treated
wood gate posts, and lockable gate latch
II. RIGHT‐OF‐WAY CLEARING
A. CLEAR LIMIT MARKING:
1. Clear limits for the Liebmann Existing Road are not marked. Any clearing of the existing road needed
shall meet the requirements of Section II.C.
2. Clear limits for all new construction are marked with blue flagging.
B. CLEARING REQUIREMENTS:
1. Brush or trees on the Liebmann Existing Road may only be removed upon approval of the Forest
Officer and only by methods approved by the Forest Officer.
2. All merchantable timber within the clear limits of the New Spur Road to be constructed under the
terms of this Contract shall be cut to the specifications in the timber sale contract and skidded to
decks, or decked with an excavator, prior to earth moving.
3. Clearing procedures shall protect residual stands, prevent incorporation of construction slash into the
road prism, and protect roadside appearance outside clear limits.
4. Grubbing will be limited to only those stumps and large roots within the road prism of the New Spur
Road.
Attachment B – Road Construction and Maintenance Specifications
2
III. TREATMENT OF RIGHT‐OF‐WAY CLEARING MATERIALS
A. GENERAL TREATMENT REQUIREMENTS:
1. Road construction slash from the New Spur Road that is more than 3 inches in diameter and 6 feet
long, and all concentrations of slash that would adversely affect the stability of the road, shall be
disposed of by the methods described in this section.
2. Slash and debris shall not be placed in drainages, roadside ditches or heads of culverts where the flow
of water may be obstructed and shall be removed if placed therein.
3 .Lopping and scattering is defined as delimbing and sawing slash materials into lengths which will
easily scatter to a maximum depth of 18 inches. Materials shall be scattered outside the road prism.
4. All slash to be disposed of by piling and burning shall be piled in burn bays and burned by the City at
locations approved by the Forest Officer. Construction of piles will be of such size and at a sufficient
distance from trees so that burning does not result in unnecessary damage to remaining trees.
B. SIDESLOPES OF 35% OR LESS AND EXISTING ROADS:
1. Disposal will be by hand or machine piling for burning as directed by the Forest Officer.
2. Minor concentrations of slash or individual trees may be disposed of outside of the road prism by
lopping and scattering as directed by the Forest Officer.
3. Tree stumps, large boulders and cull logs may be scattered outside the road right‐of‐way clear limits if
approved by the Forest Officer. Scattered stumps and boulders shall be placed away from trees and
positioned so they will not roll.
C. SIDESLOPES OF 35% AND GREATER:
1. Treatment will be by excavator only, or by whole tree skidding to a decking area.
2. Where topography and timber types permit, piling for burning will be required as directed by the
Forest Officer.
3. Where piling is not practical, treatment will be by windrowing at the toe of the fill. Slash will be
windrowed on a trail constructed at the bottom of the right‐of‐way. Slash will be trampled and
covered with organic surface material taken from the road prism as directed by the Forest Officer. Fill
material may butt up against but not cover or bury the windrow.
4. Minor concentrations of slash or individual trees may be disposed of by lopping and scattering as
directed by the Forest Officer.
5. Tree stumps, large boulders and cull logs may be scattered outside the road right‐of‐way clear limits if
approved by the Forest Officer. Scattered stumps and boulders shall be placed away from trees and
positioned so they will not roll.
IV. EXCAVATION AND EMBANKMENT OF FILL MATERIALS
A. EXCAVATION OF ROAD CROSS SECTION:
1. All grubbing and clearing shall be completed prior to the beginning of any excavation.
B. EMBANKMENT OF FILL MATERIALS:
1. Fill materials shall be sorted to remove large rocks over 6 inches in diameter near the surface, which
may interfere with surface blading.
Attachment B – Road Construction and Maintenance Specifications
3
V. DRAINAGE STRUCTURES
A. CORRUGATED METAL PIPE: The corrugated metal pipe required in Table B‐2 will be installed as follows:
1. All pipes shall be installed with a backhoe or excavator. The exact locations shall be determined and
approved by the Forest Officer after the right‐of‐way is brushed and cleared.
2. The excavation trench for culvert installation shall not be wider than necessary to permit satisfactory
jointing and thorough tamping of the bedding material under and around the pipe.
3. The bedding surface shall be constructed to provide a firm foundation of uniform density through the
entire length of the culvert and shall be slightly cambered along the centerline to correct for expected
settlement.
4. Where the bedding surface is not firm at the grade established, all unstable soil under the pipe and for
a width of at least one diameter on each side of the pipe shall be removed and replaced with suitable
selected material. Rock encountered in the bedding foundation will be removed to at least 12 inches
below the bottom of the pipe and one diameter on each side. The final bedding area shall consist of
fine, compacted granular material.
5. Selected native fill material will be free from rocks and hard earth clods larger than 3 inches in size.
Frozen material, sod or a high percentage of organic matter is not permitted.
6. The remainder of the fill above the top of the pipe may be compacted by tractor or rubber‐tired roller.
Fill is to extend above each pipe at least one‐half the pipe diameter or a minimum of 12 inches,
whichever is greater.
7. The pipe shall be protected by adequate fill cover before heavy equipment is permitted to cross during
roadway construction.
8. Pipe that is damaged or improperly installed shall be repaired or replaced at Purchaser expense as
directed by the Forest Officer.
VI. ROAD MAINTENANCE
A. ROAD MAINTENANCE SCHEDULE AND REQUIREMENTS:
1. Road maintenance may be required on all native material or gravel roads designated for hauling
purposes.
2. Road maintenance is defined to include all operations listed under Section VI. of Attachment B.
3. Initial maintenance of the Existing Liebmann Road may be required prior to use for logging and hauling
as directed by the Forest Officer.
4. The Forest Officer will determine the number, type, extent and frequency of intermediate
maintenance operations. Road maintenance shall be repeated as needed to facilitate traffic and
proper road drainage. The Purchaser will be advised of the time limitations to complete each
maintenance project.
5. Final maintenance of the road system is required after all logging and hauling and prior to termination
of the Timber Sale Contract.
B. SURFACE BLADING:
1. Description: Surface blading is keeping a native or aggregate roadbed in a condition to facilitate traffic
and provide proper drainage. It includes maintaining the crown or slope, shoulder, drainage dips,
leadoff ditches, berms and turnouts, and provides a level of smoothness appropriate for the amount
and kind of traffic served and consistent with existing surfacing.
Attachment B – Road Construction and Maintenance Specifications
4
2. Specifications:
a. The existing roadbeds, including turnouts, shall be bladed and shaped to reasonably conform to
the designed cross section, and to eliminate ruts. Existing aggregate surfacing shall be bladed to
conserve material and to prevent segregation of particle sizes. Rocks or other material remaining
on the traveled way surface after final blading which are 4 inches or larger in size shall be removed
from the road surface.
b. Roadside cutslopes should not be undercut when cleaning ditches or removing road sloughs.
Berms shall be removed from road shoulders when blading, except where berms are located as
part of road design.
c. Cutslopes that have been undercut may require backsloping, seeding and fertilizing.
d. At intersections, the roadbeds at side roads shall be graded for a reasonable distance to assure
proper blending of the two riding surfaces.
e. Drainage dips and leadoff ditches shall be cleaned and graded to form their previous line and
grade.
f. Crowned roads should slope towards shoulders at least 2‐5% (1/4‐1/2 inch per foot road width) on
native and gravel roads.
g. At intersections where side roads enter the main road and the entering side road exceeds +3%,
shallow ditching across the side road may be required to divert surface runoff and protect the
main road's stability.
h. The side‐casting of road material into a stream, lake, wetland, or other body of water during road
maintenance operations is prohibited.
C. DITCH CLEANING:
1. Description: Ditch cleaning is removing and disposing of all foreign and slough material from roadside
ditches to provide an unobstructed waterway conforming reasonably to previous line, grade and cross
section.
2. Specifications:
a. Slough material removed from the ditch may be blended into existing native road surface or
shoulder only if it is the same material as the road surface. Slough material that is not suitable for
blending should be disposed of as directed by the Forest Officer.
b. Live vegetation and other organic material shall be removed and disposed of as directed by the
Forest Officer.
c. Unstable stumps, rocks, leaning trees or other debris shall be removed from the cutslope as
directed by the Forest Officer
D. CULVERT MAINTENANCE:
1. Description: Maintenance is work performed on inlets, outlets, catch basins, related channels, existing
riprap, trash racks and any other facilities related to the drainage structure.
2. Specifications: Catch basins, outlets and energy dissipaters shall be kept functioning and cleaned of
debris. Ends of culverts shall be kept straight and undamaged. Any washing alongside or underneath
the culvert shall be repaired.
Attachment B – Road Construction and Maintenance Specifications
5
E. ROADSIDE VEGETATION MAINTENANCE:
1. Description: Maintenance of roadside vegetation includes removal of brush, tree growth, deadfall or
other obstructions to passage, safety or visibility, as such obstructions are present or develop during
the contract period.
2. Specifications:
a. All trees that have fallen across the road shall be removed from the road prism unless otherwise
agreed upon. Merchantable timber, if any, shall be cut in appropriate lengths and decked along
the roadside in locations where traveled way width or sight distances will not be impaired.
b. Brush and seedling trees that encroach upon the original road clear limits shall be removed when
they reduce safe sight distances. Low shrubs and brush that do not restrict sight distance but
provide cover and reduce erosion shall not be removed. Brush and seedling trees removed shall be
disposed of as directed by the Forest Officer.
F. SNOWPLOWING: If hauling occurs during the winter months, the Purchaser will be required to plow snow
to the following guidelines on the Liebmann Existing Road and New Spur Road.
1. Snow should be windrowed beyond the fill shoulder line.
2. To protect the road surface, a 1 to 4‐inch cushion of snow may be left on the road.
3. At termination of use, the road will be prepared for spring runoff by opening drainage outlets through
the plowed berms and by installing a snow‐berm road closure.
4. Tracked equipment will not be used to plow snow without prior written approval from the Forest
Officer.
5. The side‐casting of road material into a stream, lake, wetland, or other body of water during snow
plowing operations is prohibited.
VII. ADDITIONAL REQUIREMENTS
A. GATE ON THE NEW SPUR ROAD: The gate to be installed by the Purchaser on the New Spur Road
constructed to access the timber sale area shall be placed at the Liebmann property boundary as approved
by the Forest Officer and shall be locked by the Purchaser at the end of each work day.
VIII. ROAD LOG AND SITE DESCRIPTIONS
Liebmann Existing Road
0+00 starts at the intersection with Nash Road, approximately 1.3 miles east of the
intersection of Nash Road and South 19th Avenue. This road is approximately 2.0 miles in
length. This road may require initial, intermediate, and final maintenance blading as
directed by Forest Officer.
Station Work Description
0+00 Start maintenance blading
103+00 End maintenance blading at junction with New Spur Road
Attachment B – Road Construction and Maintenance Specifications
6
New Spur Road
0+00 starts at the switchback at Station 103+00 of the Liebmann Existing Road. This road
requires new construction to the standards contained in Section IX. ROAD SPECIFICATIONS
and elsewhere within Attachment B. This road requires installation of the culvert and gate
contained in Table B-2. This road will require final maintenance blading, with a possible
intermediate blading as determined by the Forest Officer.
Station Work Description Sideslope Grade Comments
0+00 Begin road construction
(Start maintenance blading)
At switchback
1+00 55% +7%
2+00 55 +7%
2+21 Edge of clearing
3+00 50% +6%
3+76 50% +7% Back into timber
4+00 50% +1% Some rock
5+00 50% -5%
5+40 Install Gate (Table B-2) Liebmann property boundary
6+00 50% -5%
6+90 Install Culvert (Table B-2) 45%
6+90 55’ radius corner
7+00 50% +2%
8+00 50% +5%
9+00 55% +6%
10+00 55% +6%
11+00 60% +3%
12+00 55% +3%
13+00 Install Driveable Dip 55% -3% Grade change
14+00 Install Turnout 50% +3%
15+00 55% +6%
16+00 55% +6%
17+00 55% +6%
17+53 Install Turnout 50% +3% On ridge
18+00 45% -7%
19+00 40% -6%
19+25 Cutting unit boundary
20+00 20% -3%
21+00 20% -3%
22+00 Install Turnout 15% +2%
23+00 20% -3% Out of cutting unit
24+00 35% +7% Dry draw
25+00 40% +4%
25+40 Dry draw
26+00 15% -3% In cutting unit, landing
27+00 15% +5%
28+00 15% +5%
29+00 End road construction
(End maintenance blading)
Turnaround
Attachment B – Road Construction and Maintenance Specifications
7
IX. ROAD SPECIFICATIONS
A. REQUIREMENTS: Any construction requirements or structures shown in the Timber Sale Contract or
Attachment B shall be constructed and installed by the Purchaser to specifications in this section.
Structures shall be constructed at locations shown in the Road Log and as specified or staked by the Forest
Officer.
GENERAL SPECIFICATIONS
ALIGNMENT
Minimum Curve Radius: 50 feet
Switchbacks: N/A
Curves: As marked on the
ground
CUT SLOPE RATIO
Common excavation: 1:1
Angular Rock: 3/4:1
Solid Rock: 1/4:1
Maximum tolerance: plus 15%
minus 0%
ROAD GRADE MAXIMUM
Favorable: 12%
Adverse: 8%
Grades as shown in
the Road Log
FILL SLOPE RATIO
Common material: 1-1/3:1
Solid rock: 1/4:1
Maximum tolerance: plus 15%
minus 0%
DITCHES
Width: 3 feet
Depth: 1 foot
Located and installed as directed
by the Forest Officer
TURNOUTS
Length: 50 feet
Width: 10 feet
As shown in Road Log and approved by the
Forest Officer. Spacing will be intervisible as
topography allows.
USABLE ROAD SURFACE
Tangents: 14 feet
Curves: 16 feet (radius >75’)
20 feet (radius < 75’) f
Slough widening: Tangents: 1 foot
(in addition to
usable road Curves and all fills
surface) over 6 feet height:
2 feet.
TURNAROUNDS
Dimensions: large enough to safely turn
around a long wheel base 2-wheel-drive
pickup.
Location: at or near the end of all dead
end roads as approved by the Forest
Officer.
FOREST FIRE RULES & REGULATIONS
These rules apply to all activities on all classified forest lands within Montana during the legal Forest Fire Season, including any
extension thereof (see 77-5-103(3), 76-11-101, 76-13-102(7), and 76-13-109 MCA). Reference also ARM 36.10.119 through 132.
Related State statute numbers are provided as a reference.
RULE I - DEBRIS BURNING
1. The person conducting the burn shall obtain written
authorization from the recognized fire protection agency
before igniting any open fire during the legal forest fire
season (required by 76-13-121 MCA). The recognized fire
protection agency may deny, restrict, or rescind any
authorization by notifying the person conducting the burn.
2. All burning must comply with the Department of
Environmental Quality or State/county/local open burning
regulations.
3. Written authorization is not required for campfires.
RULE II - CAMPFIRES
1. Campfires cannot be left unattended and must be completely
extinguished (see 76-13-123 MCA).
2. All campfires must be constructed in cleared or bare areas,
and not allowed to spread beyond the established ring, pit,
grate, or container.
3. Anyone igniting a campfire is required to have fire tools
listed in Rule VIII (4).
RULE III - RAILROADS AND POWERLINES
Railroad and powerline companies are required to prepare
and annually update working agreements with recognized
fire protection agencies. These agreements must stress safety
and fire response procedures; and identify, remove, prevent,
modify, abate, or correct forest fire hazards and risks
associated with railroad and powerline company operations
(see 69-14-721 MCA).
RULE IV - EQUIPMENT
1. All internal combustion engines must be equipped with an
approved and effective spark-arresting system, as established
in the National Wildfire Coordinating Group’s Spark Arrester
Guides. Spark-arresting devices must be marked, properly
installed, and maintained in accordance with the Guides. The
following vehicles are exempt:
a. automobiles and light trucks of less than 23,000 GVW
when all exhaust gases pass through a properly
installed and maintained exhaust system, baffle-type
muffler, and tailpipe. Vehicles with glass-pack
mufflers do not qualify for the exemption.
b. heavy-duty trucks of 23,000 GVW or greater, with a
muffler and vertical stack exhaust system extending
above the cab.
c. vehicles with other spark-arresting systems providing
equal or increased effectiveness. Such vehicles must
be inspected and have written authorization from the
recognized fire protection agency.
2. Equipment used for commercial, ranching, or industrial
activities must meet the fire extinguisher and tool
requirements listed in Rule VIII (5).
RULE V - FLAMING AND GLOWING SUBSTANCES
1. All flaming and glowing substances, including but not
limited to, lighted cigarettes, cigars, ashes, and matches, must
be extinguished before being discarded (see 76-13-124
MCA).
2. Smoking is allowed only at areas free of flammable or
combustible material. Examples of these areas include a
graveled road or an enclosed vehicle.
RULE VI - FIREWORKS
Use of fireworks is prohibited on all classified forest lands
unless written authorization is obtained from the recognized
fire protection agency. Authorization will only be considered
between June 24 and July 5, inclusive, to coincide with the
legal dates for the sale of fireworks in Montana (see 50-37-
106 MCA).
RULE VII - WILDLAND/URBAN INTERFACE
1. County governments without subdivision wild-fire protection
standards are encouraged to establish standards for all new
subdivisions by January 1, 2000.
2. The Fire Protection Guidelines for Wildland/Residential
Interface Development (DSL/DOJ, 1993) is available for use
to assist counties in the development of standards.
RULE VIII - FIRE EXTINGUISHERS AND FIREFIGHTING
TOOLS
1. Chainsaw operators shall carry a fully charged and operable
fire extinguisher, minimum-capacity 8-ounce liquid or 1-
pound dry chemical, with a 4BC or higher rating.
2. Vehicles and equipment, mobile or stationary, with a
combustion engine/motor used for commercial, ranching, or
industrial activities must have one operable, dry-chemical
fire
Attachment C: Forest Fire Regulations Page 1 of 2
extinguisher with a minimum 2-1/2 -pound capacity and 4BC or
higher rating.
3. Chainsaw operators shall maintain one usable shovel at
chainsaw-fueling sites.
4. All persons or parties igniting a campfire shall have one
usable shovel and bucket. Persons igniting a barbecue need
not have a shovel or bucket if the ashes are not removed from
the container and the ashes or container are not placed on or
near combustible material.
5. All commercial, ranching, or industrial activities must have:
a. one usable shovel or pulaski with each vehicle and
equipment with an internal combustion engine/motor,
mobile or stationary.
b. one backpack pump with each vehicle and with any
equipment, used off road, mobile or stationary, with an
internal combustion engine/motor, that cannot be used
to build fireline and is being operated on combustible
material.
6. Other types of firefighting tools that provide increased
efficiency or effectiveness may be substituted by written
authorization from the recognized fire-protection agency.
For example, a combi firefighting tool may be substituted
for a shovel or pulaski.
RULE IX - FOREST ACTIVITY RESTRICTIONS
In areas designated by public proclamation by the administrator,
division of forestry, as areas of high fire hazard, the administrator
may request all persons, firms, or corporations present or engaged
in any activity in the areas to voluntarily cease operations or to
adjust working hours to less critical periods of the day. In the
event such a request is refused, the administrator may issue a
written order directing compliance.
RULE X - FOREST CLOSURE
1. During periods of dangerous fire conditions, no person may
enter or be upon those forest lands designated by public
proclamation by the governor of the state of Montana as
areas of dangerous fire hazard except under written permit
issued by a recognized agency.
2. Permits to enter upon such areas during the closure may be
issued by the recognized agency upon a showing of real need
by the applicant. Permits may be issued to those persons
having actual residence as a permanent or principal place of
abode in the forest lands designated or to persons engaged in
non-fire hazardous employment.
3. However, no permit may be required of persons engaged in
either firefighting, fire prevention, or law enforcement who
are engaged in official business.
RULE XI - CORRECTION OF HAZARD AND UNUSUAL
CIRCUMSTANCES OR EVENTS
The recognized fire-protection agency may require identified
wildland-fire hazards and/or risks be halted, prevented, abated,
removed, disposed of, mitigated, or patrolled. This applies to
public, private, nonprofit, commercial, and/or residential
circumstances or events.
RULE XII - REQUEST FOR REVIEW
If any operator believes that in his case any requirment of a
recognized agency is excessive, the operator may request the
administrator, division of forestry, to review the requirements. If
in the opinion of the administrator any or all are not necessary in
the interest of public safety, he may make such changes as he
considers advisable.
RULE XIII - DEFINITIONS
Backpack Pump: 5-gallon minimum; standard galvanized metal,
fiberglass, or rubberized backpack water container with attached
handpump; full of water at all times.
Bucket: Metal, plastic, canvas, or fiberglass container capable of
holding at least one gallon of water. Motorcycle helmets qualify.
Campfire means a fire set for cooking, warming, or ceremonial
purposes; not more than 3 feet in diameter or height; void of
overhanging branches; with all combustible material cleared at
least 1-1/2 times the diameter of the fire; or a barbecue in a
noncombustible container.
Combi Tool: A tool combining a shovel and pick.
Fireworks: As defined in 50-37-101 MCA.
Forested Land: As defined in 76-13-102 MCA and 36.10.101
ARM.
Hazard: Condition that promotes the ignition and/or spread of a
wildland fire.
Open Fire: The burning of a bonfire, rubbish fire, or other fire in
an outdoor location where fuel being burned is not contained in a
closed incinerator, or outdoor fireplace. Barbecue pits and burn
barrels are considered open fires and therefore require a burning
permit (Rule I).
Pulaski: An ax with a medium size sharp grub hoe opposite the ax
blade.
Recognized Fire-Protection Authority: An agency organized for
the purpose of providing fire protection and recognized by the
board as giving adequate fire protection to forest lands in
accordance with rules adopted by the board.
Risk: Action or device that could cause a wildland fire to ignite.
Shovel: Vehicle, equipment, and chainsaw operator shovels will
have a minimum overall length of 36 inches with a round pointed
shovel head with a minimum width of 6 inches. Shovels required
for campfires must be at least 24-inches in length with a pointed
shovel head. Folding handles qualify.
RULE XIV - APPLICABILITY
The forest fire rules, Rule I through Rule XIII, (ARM 36.10.119
through 30.10.132) are in effect each year on classified forest land
during the forest fire season May 1st to September 30th inclusive,
or any legal extension thereof. Requirements pertaining to motor
vehicles do not apply to those being operated solely on roads that
are a part of federal or State maintained highway systems or on any
paved public road.
Page 2 of 2
WORKING IN BEAR HABITAT
12/03/12
Grizzly bear distribution is expanding in Montana and human/bear encounters are becoming more
common. Working in bear habitat increases the likelihood of interactions with bears. It is important
for contractors and their employees to be aware of steps that can be taken to minimize conflicts and
how to react if an interaction occurs. This pamphlet provides information about bear behavior,
preventive measures, and what to do in the event an encounter occurs. This pamphlet is intended to
provide information about possible ways of avoiding encounters with bears. It should not, however, be
relied on as the sole means of doing so. In addition to adhering to the guidelines outlined in this
document, you should always rely on your experience, training, education and judgment about the
best, safest manner to avoid encounters with bears.
ENCOUNTERS
Stay calm and keep the animal in view, but avoid direct eye contact. Bears may interpret eye contact as
a sign of aggression. Back away slowly. Never run from a bear unless you know you can reach safety.
Determine whether the animal is a black bear or a grizzly bear.
If the bear charges, stand your ground. Bears commonly “bluff charge,” stopping within a few feet of a
person, before fleeing in a different direction.
Keep bear spray handy. Always have a canister of bear spray (at least eight ounces) on your belt.
Make sure it is an EPA registered bear spray with 1 to 2% capsaicin and related capsaicinoids, has a spray
duration of at least six seconds, and a range of 25 feet. Familiarize yourself with the directions for using the
spray. Use it only if confronted by a charging bear. Spray toward the bear, aiming slightly downward.
In the event that you have no bear spray, or it was ineffective and the charge is not a bluff, or the bear
is exhibiting predatory behavior, you must change your approach. Signs of predatory behavior include:
following, showing interest, coming into a tent, and unprovoked attacks. How you respond will depend on the
species of bear attacking you. Black bear and young grizzly attacks: Always fight back. Jump up and down,
wave your arms and yell. Try to look as large as possible. Never play dead – it makes you easier prey.
Remember that black bears and small grizzlies can climb trees, so stay on the ground. Mature grizzly attacks
[particularly females with young]: If a surprise encounter occurs or if bear spray is ineffective, drop to the
ground and play dead. Lie on your stomach, clasp your hands behind your neck, and use your elbows and toes
to avoid being rolled over. If the bear rolls you over, keep rolling until you land back on your stomach. Remain
still and don't struggle or scream. A defensive bear will stop attacking once it feels the threat is gone. Don't
move until you are sure the bear has left the area. If the grizzly is exhibiting predatory behavior or comes
into a tent at night, do all you can to escape or fight back.
If an encounter occurs, contact the DNRC forest officer immediately and notify Montana FWP.
JOB SITE PREVENTION
Watch for bear signs. Signs include: tracks; droppings; recently overturned rocks or logs; logs torn
apart; clawed, bitten or rubbed trees; bear trails; hair on tree bark; fresh diggings; and crushed vegetation. If
you observe any of these signs, be aware that a bear may be frequenting the area. If camping, or stopping to
eat your lunch, select a different area.
When working or walking alone, make noise and carry bear spray. Bears don't like surprises, but will
move on if they hear people approaching. Make noise, especially when approaching blind corners, dense
shrubs and streams, and when walking into the wind. Maintain regular communication with co-workers.
If camping on site, leave coolers, food and beverages inside campers or secured vehicles. If cooking
over an open fire, do not discard food or grease in fire pits.
Don’t leave trash, groceries or animal feed in your vehicle for extended periods. Bears can, and do, pry
open car and truck doors and break windows to get at food and other items they associate with food.
Bears are attracted to petroleum based products. Keep all fuel and oil canisters in bear resistant
containers. Bears have been known to damage hoses, oil filters and foam seats on heavy equipment. Dispose
of empty containers promptly.
Attachment D
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
Attachment E - Temporary Road Use Permit
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US 191
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I-90
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191JACKRABBIT LNI-9
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S19THAVEAttachment F
Haul Route Map
Phase 1 Sourdough Fuels Reduction
City of Bozeman
City Limits