Common use of Timber Clause in Contracts

Timber. ‌ 1. Stockpiled in an area designated by USFS/BLM to be disposed of by other means, 2. Acquired by CDOT or the CDOT contractor at fair market value as determined by an appraisal, or 3. Permitted for removal as a non-sale disposal, if regulations apply, to be disposed of in whatever manner is most cost-efficient to CDOT, granted they actually remove the material from the site. When USFS/BLM retain ownership of the timber cut within the clearing limits, USFS/BLM will stipulate the necessary procedures and specifications that must be followed for items such as marking, bucking, and decking (cutting and stacking). If USFS/BLM retain ownership, they will also be responsible for final disposal. CDOT will notify USFS/BLM of any merchantable timber that may need to be removed as a result of construction or maintenance activities. All activities related to the removal of merchantable timber will be completed in accordance with the jointly developed project schedule described under Section IV above. The clearance area required for construction will be staked by CDOT for review by USFS/BLM in accordance with the mutually agreed upon project schedule and prior to the scheduled timber cruising operations. The Colorado State Forest Service may, at CDOT’s discretion, act on behalf of CDOT in matters of forestry. USFS/BLM will provide a written appraisal (if required) and contract or permit in accordance with the joint project schedule developed under Section IV. It is understood that the objective is for the appraisal (if required) to be completed at least 30 days prior to the bid opening. A forest products contract or permit (if required) would be completed no later than 30 days after CDOT awards the construction contract. If merchantable timber is being acquired by CDOT or CDOT’s contractor, at a fair market value as determined by an appraisal, CDOT or CDOT’s contractor will provide direct payment to USFS/BLM for the appraised value of the timber prior to cutting. The negotiated schedule in Section IV above should reflect the applicable dates for flagging of the cutting limit boundaries, the completion of volume estimates and corresponding appraisal, and the issuance of the contract. USFS/BLM will not work directly with any subcontractors unless specified under the project schedule. If the timber is stockpiled on NFS/BLM land, the site must be identified by USFS/BLM and agreed to by CDOT, and any necessary environmental clearances obtained. If so allowed by USFS/BLM, the timber can be sold to the public or given to the public under non-sale disposal authorities.