Fom1 5450-25 {December 2011) 

### UN ITED STATES DEPARTMENT OF THE I NTERIOR BUREAU OF LAND MANAGEMENT No



### CO NTRACT FOR THE SALE OF TIMBER AND OTHER WOOD PRODUCTS LUMP SUM SALE 

### THIS CONTRACT is made and entered into the day of

. 2Q__, under the authority of the Act of August 28, 1937, (50 Stat. 874), as amended, (43 U.S.C. 118la-f) , relating to the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands, or under the Act of July 31, 1947, (61 Stat. 681), as amended, (30 U.S.C. Sees. 60 1

- 604), relating t o o ther lands under the jurisdiction of the Bureau of Land Management (B LM ), and the regulations as set forth in 43 CFR Group 5400, between the UNITED STATES OF AMERICA, hereinafter called the Government, acting through the BLM, and of hereinafter ca lled the Purchaser. WITNESSETH, That the parties h ereto do mutually agree as follows:
Sec. 1. Wood P ro duc ts Sol d
- 

### The Government hereby sells t o the Purchaser and the Purcha ser hereby buys from the Government, under the terms and conditions of thi s contract , all wood products included in £thibit B, 

### which is attached hereto and made a pan hereof, except that wood produc ts re served to the Government under Sec. 41 of thi s contract, within the area designated by the Government, comprising contract area as s hown on map marked £yhihit A, 

### which is attached hereto and made a part hereof, and si lllatcd in the County of , State of , and described as follows:
TOWNSHIP Ri\NG E SECT I ON



### S ec. 2. Tota l Purchase P rice - The Purchaser agrees to pay the Government. as the total purchase price for the wood products sold hereunder. the sum of dollars ( ); Pro1•ided , hull'ever, that suc h total purchase price may be adjus t ed in accordance with Sees. 6. 7, 8. 9. 19. 20, or 42 of this contract. 

### Sec. 3. Payment

(a) Payment unde r this contract shall be made as set forth in thi s section. o \\OOd products may be cut or removed until the required payments have been made

. Purchaser s hall continue to make such payments until theo: total purchase price has been paid. The total purchase price shall be paid no later th an the expiratio n of time for cutting nnd removal as set forth in Sec. 4

. SUBDIV I S I ON(S)

{b) Unless t otal purchase price is paid on or before the date thi s contract is signed 

### by the Contracting Officer, payments shall he made in installments of not le ss than do ll ars ( ) as follows: ( I ) The first in stallme nt sha ll be paid on or before the ela t e thi s con tract is sig ned by th e Co ntractin g Ollicer, ont:-half of this first installment may be applictl as payment on the total purchase price when (i) no less th an 60 percent of the total purcha se price has been paid or (ii) road construction required under the contract has been completed the value of which when combined wi th contract payments is equal to no le ss than 60 percent of the total purchase price. and one -h alf of thi s first installment shall bt: held to s atisfy the final payment due under this contract; (2) except as provided by subsections (e) and (f) of thi s sec ti on, a second installment shall be paid prior to cutting or removal of any wood products so ld under thi s contract. Each s ubsequent installment shall be du e and pay:tb lc without no tice when t he

**va lu~.:**  ofthe wood products cut or removed equa ls the sum of all payments not including the first installment or one-ha lf of the first installment aficr one-half of the first installment has been released as provided in subsection (b)( I) of this section; (3) Provided. howeve1: that i n the case of a ll con tracts wi th a nine t een ( 19) mo nth or longer term, the Purchaser shall be r equired by the first anniversary dat e to either ( i) pay no less than 20 percent of the total purchase price or (ii) complete road construction required under the contract the value of whic h when combined with contrac t payments is equa l to no less than 20 percent of the tota l purchase pri ce; (4) Provided furthe1 : that in the case of contracts with a twenty-seven (27) month or longer term, the Purchaser sha ll also be required by the second anniversary dat e to either (i) pay no less than 40 percent of th e t o tal purchase price or (ii) comp l ete road cons truc tion required unde r the con tract the va l ue of which when comb ined with contrac t payments is equal to no l ess than 40 percent of the total purchase price.

(c) Notwithstanding the provisions of subsect ion (b)( I ) of this section , the amount of the firs t i nstallmen t may be reduced by the Government when the Con tracting Officer requests the Purc haser to interrupt or delay operatio ns for a period expected t o last more than thirty (30) days during the operating season . Suc h interruption or delay must be beyond the Purchaser's con trol. T h e firs t ins tallment may be reduced to 5 percent of the i nsta ll ment amount specified in subsec tion (b) of this sect ion, duri ng th e de lay period. The Purchaser must request such a reduction in writi ng. Wh e n th e Contracting Officer notifies the Purchaser that operations may pr oceed, the Purchaser sha ll have fi fieen ( 15) days after such no tification to restore the first i nstallme nt to the value spec i fied in subsection (b) of this section. Fai l ure t o restore the first installment wi th in the allotted ti

me will be considered a ma t erial breach o f contract. No wood products shall be cut or removed from the contr act area unt il the firs t installment is restored.

(d) Notwi th standing the provisions of subsect ions (b)(3) and (b)(4) of this section, adjus tments in the due da t es fo r anniversary payments may be made by the Government if the Contrac ting Officer interrupts or de lays contract operat ions for a period expected t o las t a t l east thirty (30) days, and the interrupt ion or de lay is beyond the Purchaser's contro l. Any adjustment made to th e due dates for anniversary payments w ill be commensura t e wi th the extens ion of operating time granted in accordance with Sec. 9. The Purchaser sha ll request such adjustment i n writing before the due date for an anniversary paymen t conta i ned in subsections (b)(3) and (b)(4) of this section.

(c) If Purchase r increases the performance bond as permitted by Sec. 39(b). cutting of wood products of a va l ue not in excess of the i ncrease in value of such bond may be permitted prior to the payment of the seco n d in sta ll ment or subsequen t installmen t s; Provided. howeve1: that no wood prod u c t

s may be skidded, yarded. o r otherwise transported to a loadi n g poin t or removed fro m th e con trac t area prior t o payment of any in stallment which, but for prov is ions of this subsect ion, would otherwise be due under the pr ovisions of Sec. 3(b).

(f) If Purchaser pr ovides a payment bond, as perm i tted by Sec. 39(d), cutting and/or removal of wood produc ts of a va l ue not in excess of the penal sum of such bond may be permitted prior to the payment of the second installmen t or subsequent ins t allments. Un l ess a shorter period is agreed to by Purchaser and Governmen t , Government shall bill Pu r c h

ase r month l y fo r wood products sk i dded, yarded, or otherw ise transported to a l oad i ng point or r emoved f r om the contract area. Such billing sha ll include any amount due fo r related road maintenance fees and o th er charges required under this contract
. Purchaser sha ll make payment wi thin fifiee n (15) days of the billing date shown on the billing form.

(g) for the purpose of dete rmining ( I ) when payments are due or (2) the value of wood produc t s subjec t to any spec ia l bonding provisions, Government sha ll calcula t e the val u e of wood products in accordance w i th th e provisions of £,·hi bit B. (h) Notwithstand i ng Sec. 3(a), if the ti me spec i fied for cutting and removal expin:s or the contract is cancelled. credi t against the total purchase price will be determined pu rsuant to Sec. I I

. The Government wi ll then b ill the Purchaser for the amount due. payable with i n fifieen ( 15) days ofthe demand for damages. (i) Purchaser shall make a ll payments at a depository as designated by the Contracting Officer in cash or by money order. c h eck. credit card

. or elec tronic transfer made payab l e t o the Dcpanment of the I nteri or, Bureau of Land Management. (j) For any payme nt s or o th e r charges not paid wh en due, interest shall accrue on the amount due a t the Department ofTreasury ' s Current Value of Funds rate published in the fede r al Register. beginning thirty (30) calendar days after th e billing date shown on the billing form. For every demand letter issued, an adminis trative charge will be assessed. If payment has not been received within ninety (90) ca l endar days after the b illi ng date shown on the b ill ing form. admin istrative penalties will be assessed at a rate of 

### 6 percent per ann um on any ou t s t

anding principal balance. A ll fees a r c assessed in accordance with the Debt Collect ion Improvement Ac t of 1996 (II 0 S t

a t. 132 1) or any amendment thereof. Sec

. 4. Time for Cutting and Removal

- Except as o therwise prov i ded in this contract, Purchaser may begin cutting and removing wood produc ts so l d under this contract on the date th is contract is s igned by th e Con tracting Officer. Purchaser's right to cut and remove such wood produc ts shall expire ( ) months afler such date: Provided. however. extensions of time may be granted as provided in Sec. 

### 9. Sec. 5. Definitions

(a) Comracting Officer

- the Bureau of Land Management oflicia l who would have authori t y t o execute this contract and delegate authori ty to take action in connectio n with this contract. (b) Authori=ed Officer

- any emp l oyee of the Durcau of Land Manage men t who has been delegated. by the Con tracting Ollicer, the authority to take ac tion in connec tio n wi th this contract.

(c) Timber

- s t andi n g trees. downed trees or logs, or ponions th

ereof. wh ic h arc capab l e of being meas ured in board fee t. (d) IVood Products- inc l udes timber and o ther woody materia l not normally measured in board feet.

(e) Loading Point

- any landi n g or other area in which wood produc t s are capable of being loaded for transponation out of the con tract area; Provided, howeve1: tha t right

- of-way wood products whic h have been cut shall not be considered tu be at a loading point un til s uch time as th e wood products from any source arc actua ll y transported from that portion of the right-of

- way. (f) Operating Season

- th e time of year in which operations of the t ype allowed or required arc norma ll y conducted and not specifica ll y restricted under this contract. Sec

. 6

. Inspection of Wood Products and Disclaimer of Warranty (a) Purchase r warrants tha t th is con tract is accepted a n d executed on the basis of it s examinat ion and in spection of the wood products sold under this contrac t and i ts opinion of the va l ue thereof. (b) Government exp r ess l y disc la i ms any warran t y of fitness of the wood produc t s lor any purpose; all wood products sold hereunder arc accep t ed As Is w i thou t any wa rranty of merchantabi lity by Government. An y warr anty as to the quan tity or q uality of the wood products so l d hereunder is expressly disc laimed by Government. Refund to or recovery by Purchaser for fail ure of title to any wood products sold hereunder shall no t exceed th e value of such wood products compu t ed at unit prices per spec i es or for all species i nc l uded as set fo rt h in Exhibit B. (Form 5450-25, page 2)Sec. 7. Passage of Title and Risk of Loss

- Ti tl e t o wood products so ld under this co ntract sha ll remain in Govern m e nt and shall not pass t o Purchaser unti l such wood products have been paid fo r and removed from th e co ntr act area. Un l ess cut wood products are sold under this con tract, risk of l oss s h all be borne by Purchaser after the wood products arc cu t; Provid ed. howeve1; th at if loss results from a fire which was not caused by Purc hase r. Purchaser's contractors. subcontracto r s. or the employees of any of them, the ri sk of loss shall be borne by the party holding tit l e. If cut wood products are sold under this contract. risk of loss shall be b orne by the party holding tit l e. Risk of loss to Government shall not exceed th e val u e of such wood products computed a t the unit prices per species or for a ll spec i es in cl ud ed as set forth in E.xhibil B. Noth in g h e r

ein shall b e construed to re lieve e ith er pa rty from li abili t y for an y breach of contract o r any wrongful or negligent act. As used in this sec ti on, th e term c ui wood produc/s refers only t o wood products which have been felled. bucked, piled at a loading point, o r o th erwise severed by direct human activity prior to the date th is contract was entered into. Sec. B. Sales of Additional Wood Products

- If the Authorized Officer and Purchaser agree th at addi ti onal wood products shou l d be removed and the Contractin g Officer determines th at the sa l e w ill not be de trime nt al to the interests of Government and is within the provisions of 43 CFR 5402

. 0

-6, the Contract in g Officer, or Au th orized Ollicer if designated, sha ll grant written permission t o Purchaser t o cut and remove such wood products. If pcrn1ission is gran t ed. Purchaser s hall pay for s u c h wood products at a price determined by th e Authorized Officer in accordance with BLM-prescribed procedures. The val ue of such wood products shall be added to total purchase price in Sec. 2. Payment for suc h wood products shall be made in accordance with Sec

. 3(b) or 3(f). excep 1 1ha1. if all contract payments required by Sec. 3(b) or 3(f) have been made , payment for such wood products shall be made in advance as a condi tion of granting such pcnnission. Sec. 9. Extension of Time and Reappraisal

- If**Pur as~:r**  shows tha t delay in cun in g and removal was due t o causes beyond the i r contro l and wi th out their fault or negligence, th e Contracting Officer may grant an ex t ension of time , not to exceed one( ! ) year, upon written r equest of Purc hase r . Any s uch exte ns i on sha ll provide th e Purchaser with an equal amo unt of operat in g time as wo uld have bec:n available wi th out the delay. S uch written request s hall be fi l ed with the Contract in g Officer prior to th e exp irati on of th e time for cutting and removal t:xp r essed in Sec. 4. If an extens i on of time is granted. except as provided by 43 CFR 5473.4 , wood products remaining on contract area shall be reappraised by th e A uthorized Officer using BLM

- prcscribed procedures. and the to t al purchase price and E.xhibil 8 adjus t ed accord in g l y: Provided. however. n o adjustment shall be made by reason of wood prod u c t

s being e nh anced in va l ue by Purchaser. nor shall th e reappraised tota l purchase price be less th an the total purchase price in efrcc t during the original time for cutt in g and removal o r th e last ex t e nsio n. Ti te Co ntract in g Oflicer may require th at the reappraised t o tal purchase price sha ll b e paid in advance as a cond iti on of gran tin g an ex tension. Market fluctuations s hall no t be cause for considerat i on ofco nt ract ex tensions. Sec
. 10
. Violations, Suspension, and Cancellation

(a) l f Purchaser vi olates any provision of this con trac t , the Con trac tin g Ollicer may, by writtc: n no tice , s uspe nd any f urth er operat i ons of Purchaser under thi s contract, excep t such operations as may be necessary t o remedy the v i olatio n. l f Purchaser fai ls to remedy the violation wi thin thirty (30) days afte r r eceipt of a suspens i on notice. the Con tr actin g Officer may. by written notice, cancel the ri ghts of the Purchaser under thi s con trac t and toke appropriat e action to recover all damages sutre r ed by Govern m e nt by reason of such violati on, including application toward paymen t of such dnmnges of any advance payments and a n y performance bond s or

. where app li cable. any payment bonds; Provided , however, th a t if the violation invo l ves nonpayme nt of amounts due for wood products cu t and/or removed und er n payment bond of a co rp orate surety, th e Contrac tin g Officer mu st , in additio n t o th e above r equi r eme nt s, a ll ow sixty (60) days after makin g demand upon s ure t y for any payment due before cancelli n g the ri g ht s of Purch aser. (b) If Purc haser cut s or removes any wood products sold under this contract during a n y period of suspensio n, suc h c uttin g or removal sha ll be co nsidered a willfu l trespass and render Purc haser liable for damages under app li cab l e law. For purposes of determining damages under thi s section, the val u e of the trespass wood products shall be based upon the fai r market value of the particular wood produc t s cut or r emoved a t the time of trespass. Any payment made for purchase price of wood products cut or removed in trespass sha ll be deducted t o the extent of single damages or th e valu e of wood products under thi s contract. w hi ch ever is lesser, from amou nt due because of trespass.

(c) If Purchaser's operati o ns are suspe nd ed because of Purchase r 's fai l ure t o make an installment payment when due, the Contracting Oflicer may require Purchaser to pay the entire remaining balance of the tota l purchase price or any portion thereof as a condition of t erminatin g th e suspension.

(d) In th e event wood products arc entirely removed or the time for cutting and removal h as passed, the suspens i on notice otherw ise required in this sect i on need not be issued pri or to the notice of cance ll at i on. (c) If Purchaser, Purc haser's con trac t ors, s ub contractors , or the emp l oyees of any of th em, cuts, injures, o r removes any Government wood products reserved unde r this contrac t, th ey sha ll fu ll y cooperate, upon reques t of the Authorized Officer

. in the investigation of such acts. If in th e opinion of the Co ntracting Offi cer , fu ll cooperati o n is n ot received or will not be forthcoming, said officia l may suspe nd th a t portion of Purch aser's operations necessary to preserve evidence pending investigation or pern1it safe investigation of s uch acts. Sec. 11
. Credit Against Purchase Price- If the time specified for cut1 in g and removal of wood products have expired or the rights of Purch aser have been can ce ll ed. Purchaser sha ll be enti tl ed to a cred it against any amount which is due and owing Government for wood products remaining on the co ntract ar ea. The Contracting Officer s hall determine th e credit value of th e remaining wood products as soon as possible after the date of exp irati on or cance ll ation. Cred it val u e of the remaining wood products sha ll be tota l market va l ue as established by the Co ntract in g Officer by reappraisal or resale. o r total va l ue based upo n co ntrac t unit prices as sh

ow n on Exhibit B. whi chever is less. The r e sha ll be deducted from c r

edit value s u c h amou nt s as th e Co ntr acting Officer dctcm1ines adeq uat e t o cover costs to Gove rnm e nt resulting from Purchaser ' s failure to perform, including but n o t limited to costs of appraising and ad mini st e ring a n y r

esa l e of wood products. Sec. 12. Hold Harmless and Responsibility for Damages to the Government

- Purchaser agrees t o h old th e Government harml ess from any claim for damage or l oss of property, perso nal injury. or death and to be liab l e for any damage sutrered. cost or expense in curred by th e Governme nt whi c h c laim , damage, cost. or expense ari se out of a n y ope r ati o ns under th is contract and result from an y breach of co ntract or wrongful o r neg li gen t act or omission of Purchaser , Purchaser's contract ors, subco ntracto r s. or employees of any of them. Purc haser shall pay Gove rnm ent for such damages aller written demand th erefore by the Contrac tin g Officer. Sec
. 13. Wood Products Trespass

- If in connection with operati ons h e r

e und er Purchaser , Purchaser's co ntractors. subcontractors, or the emp l oyees of nny of th em, cu t s, injures, or removes any Gove rnment wood produc t s. o th e r th an wood products sold un der this contract , Purchaser shall be li able for damages under applicab le law. Purchaser sha ll pay Governme nt for such damages afte r written demand th e r efore by the Contrac tin g Officer. (Form 5450-25. page 3)Se c. 14
. Pr otection of Roads, Utilit i e s, and Imp r o vements

- Existing telephone line s, transmiss i on line s, fence s, ditches. roads. trails, and other improvements shall be protected as far as practicable in all phases of Purchaser's operations. A ll such roads and ditches shall be kept free of lo gs. slash, and debris resulting from Purchaser's operat ions. Damage to roads, utilities , and improvements shall be promptly paid for or repaired to a condition which. in the opinion of the Authorized Officer, is at least as goo d as the condition just prior to such damage. Sec. 15
. Fi re Prevent io n and Slash Disp o sal - Purchase r shall take such measure s for prevent i on and suppression of lire on the contract area and other adjacent Government land s used or traversed by Purchaser in connec tion with operations as are required by applicab l e laws and regulations. However. when in the opinion of the Authorized Officer. weather and other conditions affecting fire incidence and control make spec ia l precautions necessary to protect the conl!act area and said Government lands, Purchaser sha ll take suc h additional or o ther lire preve ntion and control meas ure s as may be required by the Authorized Officer. Disposal of slas h shall be done in accordance with a plan approved by the Authorized Officer or as provided in Sec. 42. Sec. 16. Const ruct i on, Use , and Ma i ntenance of Roads and Facilit i es (a) Subject to the wrillen approval of and regulation by the Co ntracting Officer. Purchaser may: ( I ) construct and use any new road s and facilities not otherwise provided for in th is contract. and (2) use any existing roads and faci litie s not otherwise provided for in th is contract.

(b) Except as provided in Sec. 12, Purchaser sha ll perform or pay for repair and maintenance of any road or facility used under the terms of thi s contract in accordance with the requirement s of Sec. 42; Provided. howevet: that Purcha ser shall not be responsible for maintenance or repair of wear or damage caused by third parties. or maintenance or repair which exceeds the standards of required maintenance shown in Sec. 42; and Provid ed, further. that Purchaser's responsibility under this provision shall not commence prior to the date on which Purcha ser first begins operations and sha ll cease upon completion and written acceptance of all contract requirements other than s lash disposal, except for maintenance and repair ofdamages resulting from Purchaser's s la sh disposa l activities. Sec. 17. Lim itat io ns of Road Us e (a) Purchaser's right under thi s contract to usc existing Government roads described herein. or road s t o be constructed. is limited 10 removal of wood products sold and the tran sport of minera l materia ls under this contract; Provided, howe1•eJ: that this provision sha ll not limit any ri g ht to use Government road s or rights-of-way which have been granted to Purchaser pursuant to 43 CFR Group 2800.

(b) For the purpose of protecting roads described herein. Purchaser shall immediately discontinue use of said roads upon receipt of wrillen notice that the Authorized Officer ha s determined that continued usc will cause excessive damage to said road s. Sec. 18. Acce ptance of Road Construct i on (a) Whenever Purchaser s hall de li ver t o the Contracting OfTiccr a wrillen statement th at the road construction is complete, pursuan t to the co ntr act terms, the Authorized Officer shall promptly in spect such road. If the contract road construction requirements have been completed to th e satisfaction of the Contracting Officer, Purcha se r will be give n written notice of acceptance, and, excep t as provided in Sec. 12. be release d from further liabi lity or duly for cons tru c tion or reconstruction of s uch road.

(b) Notwi ths t anding acceptance of any road under thi s sec tion. Purchaser sha ll remain liable for maintenance and repair of any such road in accordance with th e provisions of Sec. 16. Sec. 19. Cost Adjustm ent for Phy si

cal Ch anges - 1 f. prior to acceptance of a road under Sec. 18 , a major physical change, caused by a s ingl e even t, and not due to neg li gence of Purchaser. Purch aser's contractors, subco ntractors, or the employees of any of them. results in additional construction work by Purchaser inv olvi n g an additional estimated cos t of more than : ( I) $ 1 ,000 for sales under one million board H:c t: (2) $1.00 per thousand board feet for sa l e of one t o three million board feet ; or (3) $3.000 for sales over three million board feet, Government s hall become responsible for any estima t ed cost which exceeds the above amounts. Government may elect to meet its share by reduc i ng the tota l purchase price or by payment of such cost to Purchase r or by performing th e Purchaser's share of the necessary work. Where the Co ntracting Officer determines that th e damages caused by such major physical change are so g reat that restoration. recon structio n. or construction is not practica l und er the cos t- sharing arrangement, the Contracting Otlicer may cance l th e wood products sale contract notwiths t anding any provisions th ereof

. The estimated cost of additional work sha ll be calculated by the Authorized Officer using 13LM-prcscribcd appraisal procedures. Such cost sha ll include the cumulative estimated costs of repairing damage from slides, washouts, land slips, fire. etc., caused by said event. If nece ssary. plans and contract spec ification s shall be revised. and the contract modified , to meet the new conditions. Purchaser must obtain advance approva l from the Contracting Officer for suc h additional work in order for Purchaser lo be eligib l e for cost adj ustment under thi s sect i on. The payment for physical changes s hall be made by crediting against the tota l actual purchase price and may be accomplished by applyi ng the credit to future in sta llment s owed by the Purchaser. Sec. 20. Des i g n Change

- If the Purchaser requests and the Con tracting Officer agrees to a design change of a substantial nature t o any roa d. road struc ture, or bridge required to be constructed or improved under th e term s of this contract. or. in the absence of such a requ es t, th e Co ntracting Officer determines that a design change of a substantial nature is needed. the tota l purchase price shall be revised to refl ec t the estimated increase or decrease in cost from s uch design change. A design change of a subs tantial nature is one that would result in a cos t adjustment of$2,000 or more . Sec
. 21
. Rights and Obligat i ons Aft er Time fo r Removal of Pe r sonal Property or Cancellation of th e Rights of th e Pu r chas er - I f any of Purchaser's obligations remain unperformed afier expiration of the time for removal of persona l property. as se t forth i n Sec. 40, or if the rights of Purcha ser under thi s contract have been cancelled by Government. all provisions of th is contract for the benefit and protection of Government or third parties s hall remain in cfTcct unti l this contract is terminated in its cnlircl)' by Government. S

e c

. 22
. Prot e ction of Surv ey Monumen t s

, W itn ess Corners , Reference Monuments, and Bear i ng T ree s - Purchaser s hall protect all survey monuments. witness corners. reference monuments. and bearing trees against destruction. obliteration. or damage during operat i ons on the contract area. If any monuments. corners, or accessories are destroyed, ob literated. or damaged by such opera tions. Purchaser sha ll hir e an appropriate county surveyor or re gis t e r

ed land surveyor to reestablish or restore the monument s. corners, or accessories, a t the same location, us in g s urveyin g procedures in accordance with the Manual oflnslructions fo r th e Survey ofth e Public Lands ofthe United States. and shall record s uch s urvey in appropriate county records. The Authorized Officer may prescribe in wri ting additiona l requirements for protection of monuments. corners. and bearing trees
. Sec
. 23
. Pr otection of Cultural Reso urces - If in connec ti on with operations under this contract the Purchaser. Purchaser's contractors. subcontractors. or the employees of any of them. discovers. encounters. or becomes aware of any object or sites of cultural value on the contract urea. such as historical or prehistorical (Form 5450-25, page 4)ruins. gra\'es, grave m arkers. fossils , or artifacts, th e Purchase r s hall immediately s uspend a ll operati ons in th e vic init y of the cultural va lu e and shall n o til)' th e Au th orized Officer of the findings. Operations may re s ume at the discovery site u po n re ceipt of written instructions and authorization by the Contracting Otliccr. Sec

. 24

. Pur c has er' s Representative

- At all time s when operations arc in progress under this contract. Purchaser shall have an authorized reprcscntati\C. whom shall be designated in writing by Purcha ser. readily a ' ailablc on the contract area who shall be authorized to rc cchc. in behalf of Purcha ser. any notices or instructions from the Au th orized Officer in regard t o perfonnancc under thi s contract. Purcha se r s hall take such ac t ion as required by the tarns of th is contract. Sec

. 25. Simultan eous Use of Contract Area by Others

- T he s imultaneou s u sc of th e co ntra c t area by others may be authorized by th e Gove rnm e nt thro ug h iss uanc e of pe m1its , lea ses. or co ntra cts, prov ided t h at th e Authori ze d O fliccr firs t determines that s uch u sc o f the co n tr:tc t arcn w ill no t se r ious ly i nte r fe r e w ith the operat ions o f th e Purc hase r. Sec

. 26. Watershed Protection: Water Quality, Erosion Control , and Soil Damage (a) Purcha ser shall comp ly with all app li cab le State and federal laws and regulation s pertaining t o wat e r quality in connection with any operations under thi s con tr act.

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(b) Purchaser s hall take C\'cry reasonable precaution not to pollute or obstruct any st ream . lake. or re servoi r on or near th e contract area in connection ''ith any operations under thi s contract. If Purchaser's operations cause pollution o r obstruction of any stream. lake. or reservoir on or ncar the contract area. Purchaser shall correct the condition to the sati sfaction of the Authorized Officer

. (c) Purchaser shall unde rt ake every reasonable measure to minimize

**cro~ion** and so il damage in connection wi th any operati ons under this contract. includin g but not limited to construction of wat e r bars on yarding and sp ur roads as designated by the Au tho ri zed Officer. Purchaser s ha ll immediately discon tinue any constructi o n , wood prod u cts harvesting, o r h aulin g o perat ion s under th i s contract, upon re ceipt of written notice from the Co n tract in g Officer that due to weather o r so il mois ture co nditi o n s. s uc h operati ons wi ll cause exce ss i ve damage to the so il. The Co ntractin g Officer s h all no tify Purc ha st: r. in wri tin g. when s uch operations may be resumed. Sec

. 27

. Materials Refuse Control and Disposition of Waste

(n) Purchaser s hall co mpl y with all ap pli cab le State and Federal laws and regulatio n s pertaining t o refu se co ntrol and dispositi o n of waste material s i n connection with any ope r a ti o n s under thi s contract. (b) Purcha se r shall, to th e sati sfac tion of the Authorized Officer. rem ove. or otherwise dispose of all garbage. tempo ra ry buildings. tra sh. litter. discarded equipment or parts
. waste materials. or other refuse re su lting from Purcha se r' s operations. A r eas for disposal of waste material shall be subjo:et to approval of th e Au th o rized Officer.

(c) Waste material s . s uch as ga rba ge, trash. oil. grease. chemicals. and similar subs tance s s hall be disposed of in a manner that will prevent their entry by droinagc, high wat er. or other means into any river. watercourse. lake. or r eservoir in or near Purchaser's opera tions

. \Vater used to w:1sh down equipme nt used for petroleum products, industrial chemicals, cemen t
. or other t oxic mate rial s s hall be disposed ur in a manner th at will prevent their entry into any watercourse or waterway . Sec. 28

. Storage and Handling of Hazardous Materials

(a) Purc h aser s hall co mpl y with all app licab le S t a t

e an d Federa l laws and r egu la tions pertai n ing t o s tora ge. handling. u se. and d is posa l o f industrial c h e mi ca l s. pesticides, h e rbicid es . and other h azard ous materials in connection with any ope rati o n s under t hi s contract.

(b) Al l petro leum produc ts, industrial chemicals, and s imil ar toxic o r vol:uile material s s t ored by Purc h ase r o n o r near the contract area. in connection with operations under this co ntract. s h all be stored in durable con tainers and shall be stored in areas . as dctennined by the Authorized Otllcer, which arc either located so th at any accidental spillage will n o t drnin into any wat ercourses, lakes, or reservoirs or. when such areas nrc n o t available. shall be stored in an area surrounded by irnpenneable con tainme nt dikes of s uffi cient capacity to contain the aggregate capaci t y of all tanks. Sec

. 29. Safety and Health

- Purchase r s hall conduct all operati o ns in co nn ec ti o n with thi s co ntract in compliance with the applicable provi s ions of federal. Sta t e, and local safe t y. health. and sa nita tio n laws, codes, : md r eg ul ation s an d shall make it possible f or th e:: Authori z ed O fli ce r t o in s pec t s uch operatio n s. Sec

. 30

. Equal Opportunity

- T h e Purc hase r will co m p ly with all provi s ion s o f Execu ti ve Order No. 11 246 of Septembe r 24. 1965. as am e nd ed, and o f the ru le s, r egulat ions. an d r elevant orders of the Secretary of Lab o r. Sec

. 31. Records and Reports- U pon reque s t of the Authorized Olllcer, l' urchaser shall furnish the following record s and reports: ( I ) vo lum e or quant ity of wood products cu t and rem ove d from the contract area: (2) road costs including road use fees paid in con n ection with removin g wood produc ts from the contract area: and (3) prices received for lumber and othe r wood products. Se c. 32

. Unsat isfa c tory Bond

- Whenever any pcrfonnance or pa) rnent bond furnished under this contract becomes unsatisfactory to the Contracting Olliccr. said official may require a new bond. Sec. 33

. Assignments

(a) Purcha ser may not assign thi s con tract o r any interest therein without written approval of' the Co ntractin g Officer. An assignment s h a ll co nt ain all th e t er

m s and co nditi o n s agreed upon by the parties there t o. (h) Th e Co ntra c t in g Officer will no t approve an y assignment inv o l v in g co ntra c t p e rformance unle ss ass ignee: ( I ) is authorized t o t ran s ac t bu s in ess in th e State i n d icated i n Sec. I : (2) s ubmi ts s u c h inlorm :ltion as is necessary to assu re the Co ntract in g Officer of their ahility t o fulf i ll th e wntrac t ; ond (3) furnishe s a performanc e bo nd us r eq uired by Sec. 3 9 or obtains n commitm e nt f r om th e previou s s urety to be bound by t he assignment when app r oved. Sec

. 34. Contingent Fees

- The Purchaser warrant s th at n o person or age n cy has been emp loyed or retained to solici t or secure thi s contract upon an agreemen t o r und ers tandin g for a commission. p.:rccntage. brokerage, o r co ntin ge nt I ce exceptin g bona fide e mpl oyees o r bona !Ide establis h ed commercial agencies maintained by Purch ase r for the purpo se of securing business. For breach or violation of thi s war ranty. Go\'crnmen t shall ha ve the ri ght to cancel this contract wi th out li abili ty o r . in its discretion , to require Purchaser to pay, in addition to the con tract price o r consideration. the full amount of such commission. percentage. brokerage. or contingent fcc. Se c. 35

. Successors in Interest

- Every obligation h ere u nder s hall ex t end to and be binding upon the s ucc esso rs in interest of th e parties hereto a nd ev.:ry benefit here und e r shall inure to s uch s ucces so rs . Sec. 36

. Exercise of Rights or Duties of the Authorized Officer

- The ri g hts or du tie s of th e Authorized Officer may be exe rci se d by th e Co n tractin g Office r or said oiiicial's de s ig n ated repre se nta tive. (Form 5450- 25, page 5)Sec. 37

. Offici als Not to Benefit- 

### No Member of, or Delegate to Congress, or Re sident Co mmi ss ioner, aficr said official's election or appointment. or either before or aller said official has qualified and during said official's continuance in office. and no officer. agent. or employee of the Department of the Interior, except as provided in 43 CFR (20. 735-24) shall be admitted to any share or part in thi s contract or derive any benefit that may arise therefrom; and the provisions of Section 374 1 of the Revi se d Statutes of the United States. as amended (4 1 U.S.C. Sec. 22). and Sections 43 1. 432. and 433. Title 18 U.S.C

.. relating to cont r acts. enter into and form a part ofthis contract so far as the same may be applicable. Sec. 38. Disputes



### (a) TI1is contract is subject t o the Contrac t Disputes Act of 1978

. as amended (4 1 U.S.C. 60 1- 6 13).

(b) Except as pr ov i ded in the Act. nil disputes aris in g under or relatin g to thi s contract s hall be reso l ved under thi s clause. (c) "C l aim.'' as u sed in thi s c lau se, means a written demand or written assertion by o n e of the co ntr ac ting p arti es seek in g, as a m a uc r of right , th e payme nt of money i n a s um ce rt ai n. the adjustment or interpretation of contrnct t erms. o r other r elie f arising under o r relating to this con trac t. ll owever, n wri tten demand or wrillcn assertion by th e Purchaser seeking th e payment of money exceeding $ 1

00.000 is not a c l aim under the Act until cer tified. A vouc her, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act. by comp l ying with the sub mi ssion and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d) A claim by the Purch aser shall be made in writing and. unless otherwise stated in this contract. submiued within six (6) years after accrual of the claim to the Contrac tin g Officer for a wrillen decision. A claim by the Govcrnmcnl against the Purcha ser s hall be 

### subject to a wriucn decision by the Co ntracting Officer.

(e) The Purchaser shall provide certification whe n submiuing any claim exceeding $ 1 00.000. The cer ti fica ti on rcquiremclll does not apply to issues in controversy th a t have not been sub mitted

**a~** 

### all or part of a c l a im

. The ce rti fica ti on sha ll state as follows: " I certify th a t the c l aim is mad e in good faith; that th e support in g data are acc ura t e and comp l ete to th e bes t o f my knowledge and belief; that the amount requested acc ur atel y reflects th e co ntract adjustment f o r which th e Purchaser be li eves the Gove rnm e nt is li able ; and that I am dul y autho ri zed to certi f y th e claim in behalf of the Purch aser: · The certificat i on may be executed by any perso n duly a uth o ri zed t o bind the Purchase r with re spect to the claim.

(f) For Purcha ser claims of $ 100.000 or less. the Con tracting Officer must. if reque sted in writing by the Purchaser. r ender a decision within s ixty (60) days of the reque st. For Purcha ser-certified claims o, ·cr S I00.000. the Contracting Officer must. wi th in sixty (60) days. decide the claim or notify the Purchaser of the date by which the decision will 

### be made.

(g) The Contrac tin g Officcr's decision shall be final unless the Purchaser appeals or files a sui t as provided in the Act.

(h) If the claim by the Purchaser is submi ucd to the Contracting Officer or a claim by the Government is presented to the Purchaser. the parties. by mutual co n se nt , may agree to use alternative dispute resolution (AD R)

. If the Purchase r refuses an offer for ADR, the Purchase r shall inform th e Contracting Officer. in writi ng. of th e

**Purcha ser'~**  

### specific reaso n s for rejecting the offer. (i) The Government s hall pay interest on the amount found due and unpaid from : ( I) th e date th a t the Co ntractin g Officer receives t.h e c l

aim (certified, if required): or (2) the dat..: that payment otherw1 se wou l d be due. if th at date is later. until th e date of payment. Simple interest on c l aims sha ll be paid at the rate, fixed by th e Secretary of th e Treasury as provided in the Act, which is applicable to the period during which the Co ntracting Officer receives the claim and then at the rate applicable for each six (6) month pe riod as fixed by the Treasury Secretary during the pendency of the claim

.

U) 

### rhe Purchaser shall proceed diligently with performance of th is contract. pending final resolution of any request for relict: claim. appeal. or action nrising under the contract. and comply with any decision of the Contracting Officer. Sec. 39. Bond



### (a) A performance bond shall be filed by Purchaser on or before the date thi s contract is signed by the Contracting Otliccr in the nmount of dollars ). 

### (b) If Purcha ser elects to CUI 

### wood products before payment of the second in stallment or sub sequen t in stallme nt s . Purcha ser s hall increase the amo unt of the r eq uired performance bond by an amount equal to the second installmen t and one or more addi ti ona l installment s as se t forth in Sec. 3(b). The adjus ted bond mu st be approved. in writin g. by 

### the Contrac ting Officer prior to cutting any wood products under the adjusted bond. The increased amount of bond shall be use d to ensure paymen t for such wood products. Wood product s cu t pursuan t to this subsection may be paid for in in stallment s. Upon payment. the increased amoun t of bond may be applied t o o ther wood products sold under this contract to permit its cutting in advance of payment.

(c) As contract provisions arc completed to the satisfaction of the Contracting Officer. said official may. at their discretion. reduce the amount of the required performance bond: Provided. howe1·er. 

### the pcrfommnce bond may not be reduced below the amount of dollars ( ) until pro' ision under Sec. 3(b)( I )(i) or 3(b)( I)(ii) have been completed. Further. the pcrfom1ancc bond ma) not be reduced below the amount of dollars ( until the tota l purchase price has been paid. The performance bond shall be forfeited to th e amoun t of damages. as determined by the Contracting Oflicer, if all contract provisions are not faithfully and fully performed by 

### Purc h aser. If the amount of damage s exceeds the amount of th e bond. Purchaser hereby agrees t o pay th e excess. Upo n sa ti sfactory performance of nil pr ovisio ns of this contract. the bond s h

all be cance ll ed o r . if cnsh o r negotiable sec uritie s arc fu rni shed in lieu o f a perf orman ce b o nd

. suc h cas h o r negotiable securit i es sha ll be returned to Purchaser. In event of li tigation. any detern1ination by the Contracting OIIicer as to the amount of damages wi ll be s ubject to review by n court of' competent jurisd i ction. (d) If Purcha ser elects to : ( I ) cu t and remove wood products: (2) remove wood products already cut which have been secured by an increased performance bond as pro' ided in Sec. 39(b). be 

### tore payment of the seco nd installment or subsequent installments. Purchas er sha ll ob tain a pa) mcnt bond in an amount equal to the second installment and one or more additional installments as determined by th e Authorized Officer. The payment bond must be approved, in writing. by the Contracting Officer prior to cutting or removing any wood products under the bond. The amount of the bond shall be used to ensure payment for such wood products: PrrJI'ided. hou• e 1

'er. 

### that such bond shall be considered as payment under Sec. 7, for the purpose of passing title and risk of loss to wood products sold

. W ood products cu t pursuant to this subsection shall be paid for as provided in Sec. 3(f). Upon payment, the amount of the bond may be applied to other wood products to permit its cutting nndlor rem oval in ndvancc of payment. If a bond of a corporate surety is used

. it sha ll provide that if Purchaser fails to make payment as re qui r ed by Sec. 3(f). the surety wi ll make such payment inc lu ding interest as s pecified in Sec. 30). to Governmen t within sixty (60) duys afler de mand by Gove rnm e nt. (Fo rm 5450-25. page 6)Sec
. 40
. Time for Removal of Personal Property- Pu r ch ase r sha ll have the righ t wi th in ( ) m o nth( s) after exp ira ti on of time for cu nin g and removal r o remove Purch ase r 's equ ipment , i mpro veme nt s , or other personal property f r o m Government land s or ri ghts-of-way ; Pro>·ided

. holl'£'l'er. that any improve ments s uch as r oad su rfac in g, c ulvert s , and bridges which have become a permanen t part of a Government road , shall not be removed

. The Con tract ing Officer may, in sai d offici al' s discre ti on , grant an extension of lime , not to e xceed three (3) months f o r removal o r p e rsonal property
. Any im pro1• emcn ls r e main i n g o n Government lands and ri ghts

- ot: way at the end of t he pe ri od f o r rem oval , o r any extension, shall become the pro pert y of Gove rnment
. Any equipmen t or other pers onal propert y remainin g on Governmen t land and ri g ht s-o f-way ut the end of this pe ri od may be rem oved at the expe nse of Purchaser and disposed of in accordance with applicable law

. Sec. 41
. Wood Products Reserved from Cutting- The followin g wood products o n thi s co ntract area a r e he r eby re se rve d from cu ttin g and r emov a l unde r the te rm s of this co ntract and a r e retained as the propert y of Gove rnm e nt.

Sec
. 42. Special Provisions- Purchase r shall compl y with th e spec ial pro vis ion s wh ich arc allac hcd he r e t

o a nd made a part h en:of unlc ss o th e rw ise autho ri zed, in wri t ing , by th e Con trac tin g Ollicer.

( Form 5450-25 , page 7)IN WITNESS WHEREOF. the partie s h e reto have execu t ed thi s contract as of th e day first above wrillcn

. If Indi vidual o r Partner s hip , sig n here : l f Corporn ti o n . sig n h e r

e:
(Name of Firm) (Name of Co rporation )

(Sig nature) (Signature)
(Address) (Titl e)
UN I TED STATES OF AME RI CA (Sig n ature)
(Address) 

### BY
-- --- ---::-:--- -- ------- (S ig nnturc )
(Signature) (Title)
( Addre ss) (Dale)

T1tlc 18 U

. S

. C

. Sec ti on 1001, makes it o crime f or any perso n kn ow in gly and willfully to mnkc t o any departmen t or agenc y of t he U n 1tcd States any 1;1lsc. fictnious

. or fraudulent stmeme nts or representatiOns 

### as to nny mancr within its juri sdiction 

### (I/

P11rchaur ts a corporation. thefolloll'mg ce rnficare ttttL ft be e.ucured by rite Secretat)' or A .uis tallf Secretary · of the Corpuranon) I,------
----- -- ------· certifY that I am the

_____________ Sccrctary of the corporat1onnamed as Purcha ser herem. that
--------------- ---- . "ho s1gned the contract was then of satd corporation. that said contract was duly Signed for and m behalf of said corporation by authority of its governmg body. and IS \\lthm the scope of its corporate JXl''crs Signature :

__________________________ _
(Form 5450-25

. page 8)