STATE OF SOUTH CAROLINA
County of Pickens
TIMBER SALE CONTRACT
SOUTH CAROLINA Forestry Commission
Poe Creek State Forest Area PCSF-06-ADV-TS-13
November 21, 2012
This sale is made and entered into by and between the South Carolina Forestry Commission 5500 Broad River Rd., Columbia, SC 29221 , hereinafter called the SELLER, and Buyer name address and phone , hereinafter called the BUYER.
Article 1. The SELLER hereby grants and conveys to the BUYER, upon the terms and conditions hereinafter stated, the area to be harvested has the boundaries designated with blue paint and as defined on the attached map. This sale consists of Boundary markings / description of area and any special instructions harvesting method etc. A penalty will be assessed against the performance bond for any failure to perform.
Best Management Practices: It will be the buyer’s responsibility to ensure that no trespassing occurs and to clarify any questions with the SCFC prior to cutting. Main loggings roads should also be left completely cleared from all debris and appropriately stabilized. The buyer will also be responsible for performing all road work necessary to insure safe operation of 18 wheel logging trucks. All work must also adhere to the SCFC BMP standards (see SCFC BMP Manual). It will also be the buyers / loggers responsibility to obtain all necessary state and local permits and permission from DOT and any other pertinent entities prior to utilizing any state or local Highway / road (or any other) shoulder / right of way associated with this tract. At least one responsible person on the logging crew must be a graduate of the South Carolina Timber Operations Professional Program, or equivalent program such as NC Pro Logger or GA Master Timber Harvester. Buyer agrees to comply with all current South Carolina Forestry Commission Best Management Practices (BMPs) during logging operations. (as needed)A mandatory courtesy BMP exam from the SCFC BMP Forester is required on this site. It is the responsibility of the buyer to clear up any and all questions as to the area or method of harvesting to be accomplished prior to beginning any work.
The sale area(s) are located on South Carolina Forestry Commission State Forest Name State Forest Name of County. See attached map for approximate locations of sales areas.
Article 2. The BUYER agrees to pay the SELLER $ xxxxx.xx Payment method lump sum per unit etc.
Payment of the $xxxx performance bond will be made at with the signing of this contract. Signing of this contract along wilt all payments must be completed in full prior to moving any equipment on the site and beginning any work. The performance bond is to be in the form of a cashiers check or company check. The performance bond will be held by the SELLER in a non-interest bearing account. The BUYER is to notify; SCFC State Forest sale manager contact, in writing upon competition of harvest and prior to leaving the tract requesting a final evaluation to close out the harvesting operation and return of the performance bond. The performance bond will be returned to the BUYER upon a satisfactory final evaluation from SCFC and written release of timber rights from the buyer. Failure to make this request within 30 days of contract termination will result in a forfeiture of the performance bond.
The BUYER will have until Sale ending date to successfully cut and remove the above described trees. Should the buyer desire an extension to this contract for any reason; an extension may be granted by the S.C. Forestry Commission for a maximum of six (6) months for an additional fee of five percent (5%) of the original sale price. The extension will take the form of an addendum to this contract, which will be signed by both parties.
Article 3. The BUYER further agrees to cut and remove the above described trees in accordance with the following conditions:
1. The BUYER agrees to comply with “The South Carolina Illegal Immigration Reform Act, 2008”.
(An overview is available at http://www.procurementlaw.sc.gov/immigration/MMO-legal-immigration.phtm) By signing your offer, you certify that you will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agree to provide to the State upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or sub-subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." You agree to include in any contracts with your subcontractors language requiring your subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14. [07-7B097-1]
2. Both parties, prior to any cutting, will agree upon deck locations and road usage. Buyer and logger will attend a pre-harvest meeting on site at a mutually agreed upon date and time. Notify Forest Director, or his representatives before beginning any operation for location and use of any roads, skid corridors, delimbing gates and loading areas.
3. Skid trails are to be designed in a way as to minimize erosion. Existing roads should be used as primary skid trials whenever possible.
4. Rutting should be minimized and no earthmoving will be allowed.
5. Debris should be used as matting whenever possible to minimize soil impacts.
6. Non-designated merchantable trees, if unnecessarily damaged or destroyed, shall be paid for at the rate of: triple stumpage using SCFC volume estimates.
7. All artifacts are the property of the SCFC. Collection of artifacts is strictly prohibited by South Carolina Code of Laws, Title 50, Chapter 123, Sections 203 and 204.
8. No logging operations shall be conducted outside of sale areas.
9. Piling of limbs and debris will not be allowed. Any piles created by use of a limbing gate will be scattered across the stand to a height no greater than two feet before the BUYER or his representative leaves the property, unless otherwise directed by the SELLER.
10. Stumps of trees shall be cut no higher than four (4) inches above average ground level, except for those trees wherein wire, nails, visible defects, or excessive flare necessitate cutting higher than the above-stated limit.
11. The BUYER must dispose of oils, lubricants, their containers and other waste according to all local, state and federal regulations.
12. Petrochemical spills are not acceptable. In the event of a major leak, the machinery will be removed from the site or repaired.
13. Logging trucks will only be allowed on existing roads.
14. The BUYER assumes responsibility for the suppression and damage resulting from fires caused by him/her, his/her agents, or employees.
15. The BUYER agrees to repair at his/her own expense damages caused by his/her operations to gates, fences, bridges, and culverts.
16. The SELLER shall not be liable for any damage or loss that might be incurred to property or equipment of the BUYER in use on the property, stored on the property by the BUYER, or which is lost or damaged in any way connected to the harvesting, transportation, or removal of the trees sold to the BUYER.
17. The BUYER shall indemnify and save harmless the SELLER from and against all claims, suits, actions, damages, and/or causes of action arising as a result of the harvesting, removal, and/or transportation of the trees sold to the BUYER, for any personal injury, loss of life, and/or damage to property sustained by reason or as a result of the BUYER'S activities pursuant to this contract, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all cost, attorney's fees, expenses, and liabilities incurred in and about the defense of any such claim and the investigation thereof. Such indemnification and saving harmless includes, but is not limited to, power lines, telephone lines, roads, and highways.
18. Tops and debris will be removed from roads, trails, firebreaks, boundary lines, fields, rights-of-ways, creeks, and lakes as cutting progresses.
19. The BUYER agrees to remove all debris and litter, including cans, bottles, papers, etc., left by logging crews.
20. All loading deck debris, such as tops, short cuts, and defective pieces, are to be cleaned up as may be directed by representatives of the SELLER and remaining debris shall not exceed two feet in height.
21. All logging activity will be carried out according to Best Management Practices (BMP). Degradation of water quality to any stream system or violation of proper stream side management zones will not be tolerated and will be cause for the immediate halting of all activity deemed by the SELLER to be a detriment to water quality and forfeiture of the performance bond.
22. The SELLER has the right to stop any and all logging / harvesting activities at any point in time due to wet weather conditions or any other violation of this contract.
23. Loggers must be able to provide proof of COMMERCIAL GENERAL LIABILITY insurance for the amount of ONE MILLION DOLLARS ($1,000,000) and WORKER’S COMPENSATION.
24. Utilization of methods to ensure protection of threatened and endangered species, if present.
25. Contractor shall follow OSHA safety regulations & shall comply with EPA Worker Protection Standards and Migrant and Seasonal Workers Protection Act if applicable.
26. The BUYER shall comply with all applicable federal, state, and local laws and regulations.
27. Special requirements pursuant to each state forest individual situation i.e. T&E, local licenses, etc. “ No logging activity between April 1 and July 1 without specific written permission by the Forest Director”.
28.
Article 4. It is mutually understood and agreed by and between the SELLER and the BUYER as follows:
1. This contract shall terminate on Sale End date .
2. This contract shall not be assigned in whole or in part without the written consent of the SELLER and the BUYER.
3. Any trees designated as indicated in Article 1, cut or uncut, which are not removed at the date this contract terminates shall revert to the SELLER.
4. The BUYER and his agents shall have normal access on and across the property for the purpose of carrying out the terms of this contract.
5. The SELLER reserves the right of checking cutting operations at any time to determine whether or not the provisions of this contract are being carried out.
Article 5. The SELLER represents and warrants to the BUYER that to the SELLER’S knowledge there are no threatened or endangered species which are entitled to protection under the Endangered Species Act located within or associated with the sale areas, or which would be potentially harmed by this sale. In the event there are threatened or endangered species located within or associated with this sale, the SELLER warrants to the BUYER that such species and their locations will be made known to the BUYER and that the SELLER will have proper on site identifications and /or locations, and that harvest trees/product designations will be the sole responsibility of the SELLER by on-site marking of trees/product and/or sale area or by contract specification. In the event the BUYER or his agent discovers any threatened or endangered species not known to and/or not designated by the SELLER, the BUYER agrees to immediately cease all harvest operations and notify the SELLER. If upon cessation of harvest and notification of the SELLER, it is determined that the harvest operation cannot resume, the SELLER agrees to refund the BUYER the value of the trees/product not cut provided the BUYER had already paid the SELLER for said trees.
In witness whereof the parties hereto have set their hands.
BUYER
Witness
DATE
Witness SELLER
State Forester S.C. Forestry Commission
DATE
(Revised July 1, 2013)
I ______of ______here-by acknowledge being aware of and in total compliance with “The South Carolina Illegal Immigration Reform Act, 2008; Act No. 280; specifically section 3 of this Act; which added Chapter 14 to Title 8 of the South Carolina Code of Laws, titled "Unauthorized Aliens and Public Employment".
I ______also understand and acknowledge that a public employer may not enter into a services contract with a contractor for the physical performance of services within this State unless the contractor agrees:
(1) to register and participate in the federal work authorization program to verify the employment authorization of all new employees; and require agreement from its subcontractors, and through the subcontractors, the sub-subcontractors, to register and participate in the federal verification of the employment authorization of all new employees; or
(2) to employ only workers who:
(a) possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles;