FS 352 REVISED v1 8 CoC by hYjZu9vz

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									DNR/FS-352                                                    FSC: SCS-FM/CoC-00069P - FSC 100%
TSA/Over 50Thou                                               SFI: NSF-ISR/0Y301-SF1
Rev. ppc: 06/12
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                                   STATE OF MARYLAND
                         DEPARTMENT OF NATURAL RESOURCES
                                     FOREST SERVICE
                                TIMBER SALE AGREEMENT
                            (Sales Over $5,000 – One Step Method)

                                 Timber Sale Contract No.

This Timber Sale Agreement entered into this _______ day of _______ _______, 20____, by
and between the State of Maryland, Department of Natural Resources (hereinafter referred to as
the "Department"), Tawes State Office Building, 580 Taylor Avenue, Annapolis, MD 21401,
and

__________________________________            ______________________________
Name                                                Federal Tax ID#/Soc. Sec. #
______________________________________________________________________
Street/Box Number
____________________________          _______                 _________________
City                                  State                   Zip Code

Phone No._______________ Forest Products Operator's License No.______________
(hereinafter referred to as the "Buyer"), and the parties agree as follows:


       1. Scope of Agreement. The Buyer agrees to harvest and remove for the sum
of ______________________________________________________________________dollars
($________________.______) the following described timber:              .


The boundaries of the sale area are marked by          .
The location of the timber is more particularly described on the map which is attached hereto as
Attachment A and is expressly incorporated herein and made a part of this Agreement.
       All timber volumes are estimates. No adjustments on the basis of volume will be made
by the Department.
DNR/FS-352                                                       FSC: SCS-FM/CoC-00069P - FSC 100%
TSA/Over 50Thou                                                  SFI: NSF-ISR/0Y301-SF1
Rev. ppc: 06/12
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         2. Option to purchase additional timber. (Check if applicable. If not applicable put NA.)
         The Department may extend the Buyer the option of purchasing an additional
acres of timber that is adjacent to the tract described in Paragraph 1 of this Agreement and is
threatened by disease or pests. The additional timber must be harvested under the same
conditions and at the same purchase price which is:         .
The Department will offer the Buyer the right to exercise the option as soon as the condition of
the timber has become stable.


         3. Method of Payment. (Check one)
         a. Lump sum payment within 15 days after the Buyer has been notified of the approval
of this Agreement. If the sale price exceeds $20,000.00 the Buyer may pay one half of the total
contract price within 15 days of the approval of this Agreement with the remaining half to be
paid within 90 days of the first payment. A surety bond in a form acceptable to the Department
for the amount of the remaining half must be posted at the time of payment of the first half.
         b. Payment from the pulp mill for each delivery. This Agreement is voidable if the
Buyer fails to return a fully executed DNR Stumpage Deduction Form to               (DNR
Representative) within 30 days after this Agreement is signed. No cutting may begin until the
Form is returned. The Buyer remains liable for the entire value of all timber cut.
         c. Payment in kind of firewood. (If this method is chosen, this Agreement must include
an attachment which describes the conditions for payment in kind.)


         4. Said timber is located on approximately             acres of      (hereinafter refereed to
             as the "Facility")      County, Maryland.


         5. Conditions
         a. All conditions and terms specified in the Invitation for Bids which is attached hereto
as Attachment B are expressly incorporated herein and made a part of this Agreement.
         b. All timber shall be cut and removed and all work shall be completed on or
before        .
DNR/FS-352                                                           FSC: SCS-FM/CoC-00069P - FSC 100%
TSA/Over 50Thou                                                      SFI: NSF-ISR/0Y301-SF1
Rev. ppc: 06/12
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       c. Care shall be taken at all times against the start and spread of fire. A fire of any kind
shall be reported immediately to             .
       d. All risk of loss shall be on the Buyer from date of this Agreement.
       e. The Buyer may use only designated road within the Facility. All roads must be
maintained by the Buyer in as good a condition as they were in prior to this Agreement. All live
water courses must be properly culverted. No new roads, skidding trails or landing areas may be
constructed without the permission of the Department. The Department reserves the right to
suspend the use of a road during periods when excessive road damage may occur. If this occurs,
the Department will extend the Agreement's completion date. After all logging is completed all
roads, skidding trails and landing areas must be stabilized to prevent soil erosion. Stabilization
shall be as directed by the Department and in accordance with Attachment C the FS "Standard
Erosion and Sediment Control Plan for Forest Harvest Operations."
       f. The Buyer shall leave all stumps and logging debris as close to the groundline as
practical. The maximum stump height allowed is                    . No slash or logging debris will be
permitted closer than fifty feet from the ditchline of any public road or stream course. All
logging debris must be left inside the cutting area and may not be left on any water course.
       g. The sale boundaries are marked with                 .
       h. Access to the timber sale area shall be by way of                 .
       i. The Buyer must be a licensed Forest Product Operator pursuant to Natural Resources
            Article §5-608, Annotated Code of Maryland and must remain licensed throughout
            the term of this Agreement.
       j.   The Buyer must use a certified Master Logger for the harvesting of all forest products
            purchased under this contract.
       k. The Buyer must notify                  at least 48 hours prior to commencing and 48 hours
prior to completing forest harvest operations. (Check if applicable.)
       l. Additional Conditions are specified in Attachment D "Additional Special Conditions"
which is attached hereto and is incorporated as part of this Agreement. (Check if applicable.)
DNR/FS-352                                                     FSC: SCS-FM/CoC-00069P - FSC 100%
TSA/Over 50Thou                                                SFI: NSF-ISR/0Y301-SF1
Rev. ppc: 06/12
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          6. Type of Harvest Operation. (Check one.)
          a. This timber sale is a clear cut operation. All trees over           inches in diameter must
be cut except those which are left for wildlife management purposes. Those NOT to be cut are
marked by           .
          b. This timber sale is a selective harvest operation. All marked trees must be cut. Trees
have been marked with             .
No trees other than those marked may be cut, damaged or destroyed.
          c. This timber sale is a mixed harvest operation. The following areas must be clearcut
      .
All trees over          inches in diameter must be cut except those which are left wildlife
management purposes. Those NOT to be cut are marked with                     .
The following areas shall be selectively cut         .
All marked trees must be cut. Trees have been marked with                .
No trees other than marked may be cut, damaged or destroyed.
          d. This timber sale is a        harvest operation. Trees to be cut are identified by         .
Other conditions are          .


          7.     Sediment and Erosion Control.
                 The Buyer shall be responsible for complying with all sediment and erosion
control measures required by Title 4, Subtitle 1 of the Environment Article of The Annotated
Code of Maryland. To that end the Buyer must have filled out and returned to                (DNR
Representative) Attachment C "Standard Erosion and Sediment Control Plan for Forest Harvest
Operations" (hereinafter referred to as "Sediment Plan") prior to commencing any harvest
activities. Failure to do so will render this Agreement voidable. The Sediment Plan is hereby
expressly incorporated into this Agreement and compliance with it is required.
DNR/FS-352                                                    FSC: SCS-FM/CoC-00069P - FSC 100%
TSA/Over 50Thou                                               SFI: NSF-ISR/0Y301-SF1
Rev. ppc: 06/12
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       8.      Termination.
               If, for any reason, the Buyer fails to fulfill the obligations of this Agreement in a
timely and proper manner, or if the Buyer violates any of the terms of this Agreement, the
Department shall have the right to terminate this Agreement. Notice of termination shall be in
writing to the Buyer and shall specify the effective date of the termination. The Buyer shall be
liable to the Department and the State of Maryland for any and all damages suffered by the
Department and the State of Maryland because of any violation or breach of the Agreement by
the Buyer.


       9.      Performance Bond.
               Prior to commencement of any cutting, the buyer shall deliver to the Department a
performance bond in the amount of 10% of bid in a form satisfactory to the Department. (The
Buyer may provide a surety bond, cash, certified check, certificate of deposit or any other form
acceptable to the Department.) Failure to comply with any of the terms of this Agreement
entitles the Department to proceed against the performance bond. The Facility manager shall be
the sole judge of the degree of compliance with this Agreement. This remedy is in addition to
any remedy provided in Paragraph 7 of this Agreement.


       10.     Assignment.
               The Buyer may not assign, resell or give standing timber or any interest in this
Agreement to any other person or party without the prior written consent of the Department.
DNR/FS-352                                                     FSC: SCS-FM/CoC-00069P - FSC 100%
TSA/Over 50Thou                                                SFI: NSF-ISR/0Y301-SF1
Rev. ppc: 06/12
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       11.     Non-Discrimination.
               It is understood that the provisions of Title VII of the Civil Rights Act of 1964 are
hereby included in this Agreement to the end that no person in the United States shall, on the
grounds of race, color, handicap, sex, religion, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under this Agreement. It is further
understood that the provisions of Article 49B, Sections 14 to 18 (Discrimination in Employment)
of the Annotated Code of Maryland as it may be amended from time to time, are incorporated by
reference and are made a part of this Agreement. Notice of such non-discrimination
requirements shall be posted in conspicuous places available to employees of the Buyer and
applicants for employment in connection with this Agreement.


       12.     Employment of State Employees by Contracting Party.
               No employee of the State of Maryland, or any department, commission, agency or
branch thereof, whose duties as such employee include matters relating to or affecting the subject
matter of this Agreement, shall, while such employee, become or be an employee of the Buyer.
No employee of the State of Maryland or any department, commission, agency or branch thereof
shall have any interest in this Agreement.

       13.     Maryland Saved Harmless.
               The Buyer is responsible for all damage to life and property due to its activities,
or those of its agents, employees, or subcontractors, in connection with its performance under
this Agreement, and is responsible for all work, both permanent and temporary, until all services
and obligations under this Agreement are declared accepted by the Department.
               The Buyer shall indemnify and save harmless and defend the State of Maryland
and all of its representatives from all suits, actions, or claims of any character, brought on
account of any injuries or damage sustained by any person or property by negligent act, errors, or
omissions of the Buyer or any subcontractor, or their employees, agents or representatives. This
responsibility is not to be deemed as a waiver of any governmental immunity which may exist in
any action against the State or Department.
DNR/FS-352                                                    FSC: SCS-FM/CoC-00069P - FSC 100%
TSA/Over 50Thou                                               SFI: NSF-ISR/0Y301-SF1
Rev. ppc: 06/12
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       14.     Retention of Records.
               The Buyer shall retain and maintain all records and documents relating to this
Agreement for a minimum period of three years after the completion date of this Agreement and
shall make them available for inspection and audit by the Department.


       15.     Accident Prevention.
               The Buyer shall at all times exercise such precautions as may be necessary for the
safety of its employees during the course of performance of this Agreement and comply with all
applicable provisions of federal, state, and local safety laws and regulations.


       16.     Evidence of Insurance.
               The Buyer and any and all subcontractors retained by the Buyer shall at all times
have and maintain comprehensive liability insurance in adequate amounts for both bodily and for
property damage. The Buyer shall provide to the Department evidence of said insurance upon
request. The Buyer shall also purchase and maintain Workers Compensation Insurance as
required by Article 101 of the Annotated Code of Maryland and comply with any and all
applicable federal, state or local insurance requirements. This clause in now way limits or
waives the Maryland Saved Harmless Clause in this Agreement.


       17.     Covenant Against Contingent Fees.
               The Buyer warrants that he has not employed or retained any person, partnership,
corporation or other entity, other than a bona fide employee or agent working for the Buyer to
solicit or secure this Agreement, and that he has not paid or agreed to pay any person,
partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any
other consideration contingent on the making of this Agreement. The Buyer further agrees that
for breach of such warranty the Department shall have the right to terminate this Agreement
without liability, or in its discretion, to deduct from the Agreement price or consideration the full
amount of such fee or other consideration.
DNR/FS-352                                                     FSC: SCS-FM/CoC-00069P - FSC 100%
TSA/Over 50Thou                                                SFI: NSF-ISR/0Y301-SF1
Rev. ppc: 06/12
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       18.     Effective Date.
               It is understood and agreed by the parties hereto that this Agreement and nay
modification thereof shall not become effective or enforceable until executed by the Department
and the Maryland Board of Public Works where applicable.


       19.     Law Applicable.
               The Agreement shall be governed by the laws of the State of Maryland, and the
parties hereby expressly agree that the courts of the State of Maryland shall have exclusive
jurisdiction to decide any question arising hereunder.
       The Buyer will observe and comply with all federal, state, and local laws and ordinances
that affect, in confection with this Agreement, the work to be performed, those employed or
engaged in connection therewith, any material or equipment used, or the conduct of the work
itself and will procure and bear the expense of all necessary licenses, permits, and insurance.


       20.     Severability.
               It is understood and agreed by the parties hereto that if any of these provisions
shall contravene, or be invalid under, the laws of the particular state, county, or jurisdiction
where used, such contravention or invalidity shall not invalidate the whole Agreement, but the
Agreement shall be construed as if it did not contain the particular provision or provisions held to
be invalid in the said particular state, county, or jurisdiction, and the rights and obligations of the
parties shall be construed and enforced accordingly.


       21.     Merger.
               This Agreement embodies the whole Agreement of the parties. There are no
promises, terms, conditions, or obligations referring to the subject matter, other than those
contained herein or incorporated by reference.


       22.     Chain of Custody.
               This Maryland DNR property is FSC certified by Scientific Certification Systems (SCS),
Chain of Custody number: SCS-FM/CoC-00069P and Sustainable Forestry Initiative (SFI) certified by
NSF-ISR: Certificate 0Y301-SF1. The products harvested from this property are FSC 100%.
DNR/FS-352                                                FSC: SCS-FM/CoC-00069P - FSC 100%
TSA/Over 50Thou                                           SFI: NSF-ISR/0Y301-SF1
Rev. ppc: 06/12
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       WITNESS the hands and seals of the parties to this agreement.

BUYER                                      DEPARTMENT OF NATURAL RESOURCES

____________________________               By: ____________________________________
  Company Name (Print or Type)                 Department Representative


By:_________________________               By: ____________________________________
  Signature         Date                       Department Procurement

____________________________
   Printed or typed name

____________________________                      BOARD OF PUBLIC WORKS
   Title

Resident Agent and Address                 (If Sale price exceeds $50,000)
(If the Buyer is a Corporation)            Approved by the Board of Public Works

___________________________                _____________________________
                                             Date
___________________________                _____________________________
                                             Agenda
___________________________                _____________________________
                                             Item Number
___________________________
                                           Approved as to form and legal sufficiency this
                                           ______day of ______________, 20______.
                                           __________________________________
                                             Assistant Attorney General

								
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