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FOREST SERVICE HANDBOOK
PORTLAND, OREGON
TITLE 2409.15 - TIMBER SALE ADMINISTRATION HANDBOOK
R-6 Supplement No. 2409.15-92-11
Effective September 30, 1992
POSTING NOTICE. Supplements to this handbook are numbered consecutively.
Check the last transmittal sheet received for this handbook to see that the above
supplement number is in sequence. If not, obtain intervening supplement(s) at once
from the Information Center. Do not post this supplement until the missing one(s)
is received and posted. After posting, place the transmittal at the front of the title
and retain until the first transmittal of the next calendar year is received. The last
R-6 Supplement to this handbook was 2409.15-92-10 (2409.15,40).
Document Name
2409.15,50
Superseded New
(Number of Sheets)
6
Page Code
51.23b thru 51.7
3
Digest:
This is a Technical Supplement to change Chapter 50 to official electronic format.
CONTENT HAS NOT CHANGED.
JOHN E. LOWE
Regional Forester
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FSH 2409.15 - TIMBER SALE ADMINISTRATION HANDBOOK
R-6 SUPPLEMENT 2409.15-92-11
EFFECTIVE 9/30/92
CHAPTER 50 - SPECIFIED TRANSPORTATION FACILITIES
51 - DIRECTION AND EXPLANATION OF CONTRACT PROVISIONS FOR LOG
SCALE AND TREE MEASUREMENT SALES (Form FS-2400-6 and FS-2400-6T,
1970 and 1973 Editions).
51.1 - Authorization (B/BT5.1). Refer to subsection 61.42b for final treatment of
temporary roads.
51.12 - Use of Roads by Purchaser (B/BT5.12). As a general rule, a timber sale
purchaser has priority of use for all roads constructed by the purchaser. Other
purchasers of National Forest timber should not be authorized to use such roads
when use will materially interfere with the operations of the purchaser.
When other purchasers use the road, they will be required to perform or pay for
their proportionate share of the maintenance, including surface rock replacement,
in accordance with the Regional commensurate share policy.
Purchasers using a road jointly are expected to reach agreement as to how the
maintenance will be done or paid for. If they are unable to agree, it is the
responsibility of the Contracting Officer (with input from the Forest Supervisor) to
specify how the work is done and the costs for each party.
Use of purchaser-built roads for hauling of private timber or other products will be
permitted and authorized when such use will not interfere with purchaser's
operations. Roads being reconstructed may have established use. Refer to
subsection 51.4 for maintenance requirements.
51.13 - Specified Roads (B/BT5.2). When purchaser is granted authorization to haul
unit volume over roads not substantially complete, no more than 50 percent of the
sale volume tributary to that road may be hauled before roads are substantially
complete.
The Engineering Representative should document when a road is substantially
completed under the terms of B/BT5.23.
Right-of-way timber is considered incidental to the construction of the roads and not
subject to the terms of B/BT or C/CT8.21.
When the Contracting Officer believes there are special circumstances that could be
considered when hauling on roads to be reconstructed, authorization will not be
given if construction involves safety improvements, unless mitigation measures are
agreed to.
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51.2 - Construction Cost Adjustment (B/BT5.25). In addition to the parent text, cost
adjustments are provided for design errors and alternate facilities.
51.21 - Variation in Quantities (C/CT5.251#). Only applies to quantities that were
in the original design which have not been adjusted by a design change.
51.22 - Physical Change (C/CT5.253). A season's winter storm damage is generally
considered an event. No adjustment can be made if the amount to repair does not
exceed the gates stated in the provision.
51.23b - Ordered Design Change (C/CT5.254). Ordered design changes shall be
reviewed by the Forest Engineer.
51.23c - Minor Change (C/CT5.254). Minor changes are not considered a design
change. They are minor in nature and do not result in a significant change in the
amount of work to be done. Such change should be documented by a letter, or on a
form 7700-42, citing C/CT5.254 as a reference.
Standard Forest Service Construction Specification 106.04 provides for correcting
quantities when a design error is discovered. This only applies to the design
quantity (DQ) method of measurement. Quantities must change by 15 percent or
more under the 1985 specification. Refer to alternate facilities (B/BT5.25).
Once included in A/AT9, cost adjustments are authorized by B/BT5.26. Roads to be
included must be brought up to the standard needed for the sale, that is, designed
as if the sale were originally planned to be moved over such facilities.
51.4 - Road Maintenance (B/BT5.4 and C/CT5.4). Provisions relating to road
maintenance are also C/CT5.42 and C/CT5.43. The Contracting Officer will
designate who is to be responsible for compliance checking of road maintenance
requirements. Those delegated should have adequate training to administer these
provisions.
There may be a time after sale award when it is to the advantage of the purchaser
and Forest Service to agree on a different arrangement for sharing cost than shown
in Schedule C/CT5.42. For example, the Forest Service may be better prepared to
do all the brush removal in an area for that season and the purchaser would rather
do all the preventive maintenance. Schedule C/CT5.42 can be amended to reflect
these changes. Before the schedule is changed, a cost analysis should be prepared
to assure that the approximate sharing of cost between the Forest Service and
purchaser is the same under the new arrangement as before.
When others are authorized or permitted to use specified roads and purchasers
have simultaneous work requirements on the same road, all parties are expected to
agree on a mutual plan for sharing the work. This written plan will become the
basis to decide who to notify if work needs to be completed.
If the required maintenance work has not been accomplished as stated in the
specifications, the Forest Service may arbitrate the problem by directing each
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purchaser to take specific action. Before directing work, however, the Forest
Service should try to get the parties to agree on a mutually acceptable work plan
and schedule. If this fails, the Forest Service will resolve the issue by calculating
each party's fair share of the work and direct each party to complete their work.
Work obligations may be met by doing work or making deposits. All decisions made
under this authority will be forwarded to the Contracting Officer who will notify the
purchaser in writing.
When work needs are urgent, the Forest Service may decide not to wait to complete
the arbitration decisions above or resolve the problem through breach action
(B/BT9.3 and C/CT9.3). The work can be completed by the Forest Service and the
purchaser(s) billed for the work. If this authority is used, the Forest Service should
limit the work to that which is essential.
51.42 - Prehaul, During Haul, and Post Haul Maintenance. Administrators should
be aware that road maintenance applies only to the completed and accepted
portions of specified roads. If the road has not been accepted, the purchaser will
maintain it in accordance with the construction specifications.
Purchaser responsibilities may be different outside of the recreation use period for
joint use roads subject to C/CT5.42.
The purchaser may need to complete some work before haul is started. If this work
is completed and the purchaser delays the use of the road and does not maintain the
work to the accepted standard, then it will again be brought back to that standard
by the purchaser before hauling commences. During the purchaser's nonuse, the
Forest Service will only maintain the road as needed to provide for its needs, not
necessarily to the standards for purchaser use.
Provision C/CT5.43 is applicable to roads where the Forest Service discourages or
prohibits recreation use during use by the purchaser. These will be opened or used
by the timber purchaser as shown on the road listing.
Purchaser shall be responsible for performing basic road and resource protective
work and for providing access prior to use of the road. In addition, when agreed in
writing, purchaser may do additional work necessary to increase the useability of
the road. Use of the road by the public should be discouraged by use of the entrance
devices shown in C/CT6.331.
These decisions should be dictated by the
management objectives for the road.
Recurring maintenance may be necessary during the period of purchaser's
operations. During periods when purchaser is not operating, the Forest Service will
be responsible for maintenance as necessary for the Forest Service use. In addition,
the Forest Service will correct any damage caused by other users and not caused by
purchaser's operations or failure to comply with timber sale contract requirements.
Prior to acceptance of a subdivision, post haul maintenance listed in C/CT5.43 shall
be accomplished or collections for this work should be completed.
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51.43 - Road Damage. Road damage occurs when operations or use, occurring
within the right-of-way, abnormally distort the original profile, cross-section, or
associated structures to such a degree that: (1) Planned uses are/or will be
substantially impaired, (2) planned operating costs are severely impacted, or, (3)
use results in unacceptable impacts or damage to adjacent resources for which the
landowner may be legally liable. Refer to FSH 7709.15, R-6 Supplement Number 3,
3/83 page 14.34--5. Forest's may have added further definition of road damage in
the road rules document or in Schedule C/CT5.4. When the Forest Service is
responsible for damage repair it should be accomplished in a way and time which
will decrease the impact on the purchaser. If repairs of an extraordinary nature are
necessary they will have to be completed by some means other than a maintenance
requirement under the contract.
51.44 - Preventative Maintenance. The date selected for completion of the
preventive drainage maintenance needs to provide enough time so the purchaser
can reasonably bring in the required equipment and complete the work using
normal maintenance procedures and techniques.
51.48 - Road Maintenance Specifications.
Regional Road Maintenance TSpecifications prescribe the end result for road maintenance performance. The
maintenance schedules list the specifications and special project specification that
apply to each road.
51.48d - Surfacing Repair. When selecting locations for the addition of surfacing,
select those areas that require enough additional depth to justify the time and effort
to place and mix the material. Unless otherwise agreed, the purchaser is required
to place the surfacing material before 50 percent of the total sale volume is
removed, so the Forest Service will need to mark the areas and notify the purchaser
of the selected location with adequate time to perform the work.
51.48f - Dust Abatement. If the purchaser is responsible for dust abatement, they
may choose to accomplish it by a variety of means including controlling haul to
eliminate the dust as specified in the contract. The administration of this area
needs to relate more to the end result rather than the method.
51.48g - Roadway Vegetation. Before removing blowdown, a determination will be
made whether the material is "Included Timber" subject to B/BT2.2 and if advance
deposits are needed under C/CT4.221. Decking areas should be designated if they
are needed.
51.5 - Traffic Regulation. Unless revised by a Code of Federal Regulations (CFR),
state traffic regulations apply to roads under the jurisdiction of the Forest Service.
Engineering Representatives and/or Sale Administrators are responsible for
administering contract provisions that are applicable to traffic regulation. State
traffic regulations are enforced by county and/or state officers and Forest Service
agents under 36 CFR 261.
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Provision C/CT6.331 requires the purchaser to post signs that meet specific
standards. These will be required by Engineering Representatives and/or Sale
Administrators to protect the public.
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51.6 - Purchaser Elected Government Construction of Roads. The following are
examples of coordination between the Sale Administrator and the Contracting
Officer Representative in addition to those listed in the parent text:
1. Making sure the timber sale contract is cleared for award prior to award of
the public works contract, and that both are awarded the same day. (Refer to FSH
2409.18, section 72.)
2. Obtaining advance deposits for all right-of-way timber to be cut under the
public works contract. This is to be done by the Timber Sale Contracting Officer at
the time of sale award.
3. Advising the Timber Sale Contract Officer when the road has been accepted
by the Public Works Contracting Officer.
51.7 - Temporary Roads. (B/BT5.1). Provisions such as C/CT5.1 (Options 1 and 2)
prohibit or restrict construction of temporary roads on sales.
No one has authority to allow temporary roads to remain open after use is
completed. However, some contracts may have low standard specified roads
constructed under specification 299A which may be left open for later use.