Pruning Contract by wit47392


									              Province of            Ministry of
              British Columbia       Forests
                                                                       Silviculture Contract
                                                                       FOR STAND TENDING -- PRUNING

                                                                   DAY OF ___________________, 19 ___.




1.01   In this Schedule and all additional Pruning Schedules:

       “Branch Canker” means an abnormal growth on a branch;

       “Danger Tree” means a live or dead tree, whose trunk, root system or branches have deteriorated or
       been damaged to such an extent as to be a potential danger to human safety;

       “Flush” means as close as possible to the stem which does not extend past the basal swelling of the

       “Intertree Distance” means the horizontal distance between two adjacent pruned or prunable trees
       specified in Schedule B;

       “No Treatment Zone” means an area within which no pruning takes place;

       “Opening” means a contiguous area that, before treatment, has an average diameter greater than
       twice the target Intertree Distance;

       “Pruning” means the removal of all lower dead and living branches on living trees to a specified
       height on specified trees within the Work Area;

       “Scarring” means damage to the stem that exposes the wood beneath the bark;

       “Slash Removal Zone” means an area within which all slash created as a result of the work is

       “Snag” means a standing dead tree greater than three meters height;

       "Stand Management Prescription" means a document for describing actions to be carried out on a
       free growing site to: ensure that stand management activities are planned and implemented to
       maintain or enhance the inherent productivity of the site; ensure resource values including biological
       diversity are identified and accommodated; and set out a series of stand management activities to
       produce a stand capable of meeting the stated management objectives; and

       “Stem Canker” means an abnormal growth on the main stem.
                                                                                        Initials                Initials

                                                                                     (Contractor)           (Province)

       FS 348A HSP 04/07                                                                                   Page 1 of 6
       Amendments and Supplements

1.02   The specifications in this Schedule may be amended or further supplemented in the other Schedules
       to this Contract or in the Work Progress Plan.

       Provision of Work Area

1.03   Except as otherwise provided for in this Contract, the Province shall permit the Contractor to conduct
       pruning on the Work Area.

       Insurance Requirements
1.04   The Contractor shall, without limiting its obligations or liabilities herein and at its own expense,
       provide and maintain the following insurances with insurers licensed in British Columbia and in forms
       and amounts acceptable to the Province. The Contractor shall provide the Province with evidence of
       all such required insurance before the commencement of the Work. Such evidence shall be in the
       form of a completed Province of British Columbia Certificate of Insurance (Form Risk 02). When
       requested by the Province, the Contractor shall provide certified copies of required policies.

(a)    Comprehensive General Liability in an amount not less than two million dollars ($2,000,000) inclusive
       per occurrence against bodily injury and property damage. The Province is to be added as an
       additional insured under this policy. Such insurance shall include, but not be limited to:
            Products and Completed Operations Liability,
                Blanket Written Contractual Liability,
                Contingent Employer's Liability,
                Personal Injury Liability,
                Non-Owned Automobile Liability,
                Cross-Liability,
                Employees as Additional Insured,
                Broad Form Property Damage, and
                Forest Fire Fighting Expense Coverage in an amount of at least one million dollars
       (b) Automobile Liability on all vehicles owned, operated or licensed in the name of the Contractor, in
           an amount not less than one million dollars ($1,000,000);
       (c) all the foregoing insurance shall be primary and not require the sharing of any loss by any
           insurer of the Province;
       (d) all insurance except ICBC automobile liability insurance shall be endorsed to provide the
           Province with 30 days advance written notice of cancellation or material change; and
       (e) the Contractor hereby waives all rights of recourse against the Province with regard to damage
           to the Contractor's property.


       Selection of Prunable Trees

2.01   The Contractor shall select trees to prune in accordance with this part. Without limiting the generality
       of this, no trees listed in Schedule B as trees exempt from pruning, shall be pruned.

2.02   The Contractor will prune only those trees which meet the preferred species and minimum height
       requirements specified in Schedule B.

2.03   Where the “Total Stems per hectare” and the “Stems per hectare to Prune” figures are entered in
       Schedule B and they differ, as an additional qualification to paragraph 2.02, the Contractor shall
       select and prune the latter stems per hectare of those trees which combine the greatest number of
       the following characteristics:

FS 348A HSP 04/07                                                                                    Page 2 of 6
       (a)      dominant and co-dominant tree;
       (b)      free of injury and disease;
       (c)      full crown;
       (d)      straight stem;
       (e)      free from forks or multiple tops;
       (f)      small branches;
       (g)      good terminal growth;
       (h)      good colour;
       (i)      large stem diameter; and
       (j)      less than 10 main branches in each annual whorl.

       Pruning Technique

2.04   Subject to this Contract, the Contractor shall prune:

       (a)      selected trees to the height or percent of residual live crown (whichever is less) as specified
                in Schedule B subject to this Contract; and

       (b)      if no percent live crown is specified in Schedule B, the pruning height specification shall
                prevail across all stems pruned.


2.05   The Contractor shall only use pruning shears and pruning saws (hand or pole type). Axes, sandviks,
       and machetes will not be allowed under any circumstances. Other pruning tools may be approved as
       determined by the Ministry Officer.

       Treatment Around Openings

2.06   The Contractor shall, around the edge of an Opening, temporarily decrease the Intertree Distance by
       up to 50% to compensate for trees missing from the Opening.

2.07   The number of additional leave trees that the Contractor shall conserve around an Opening shall be
       equivalent to the number of leave trees that the Opening could accommodate at the target Intertree
       Distance specified in Schedule B.

       No Treatment Zones and Slash Removal Zones

2.08   The Contractor shall establish No Treatment Zones and/or Slash Removal Zones in accordance with
       Schedule B for each area delineated on the Work Area map.

2.09   The Contractor shall:

       (a)      distribute slash so that it is not left leaning against any tree; and

       (b)      remove and redistribute within the pruned stand any slash or debris which, as a result of
                the Work, occupies a Slash Removal Zone or any road, road bank, stream, ditch, fireguard
                or adjacent standing timber.

       Snags and Wildlife Trees

2.10   The Contractor shall:

       (a)      leave uncut all wildlife trees; and

       (b)      establish a No Treatment Zone with a radius of 1.5 times the height of the Snag or tree
                         - any Wildlife Tree which is also a Danger Tree, and
                         - any Danger Tree which the Contractor is not able to fall safely.

                If the Snag or tree is not on level ground, or only a portion of the height of the tree is
                considered dangerous, the width of the No Treatment Zone can be modified (see
                Guidelines for Maintaining Biodiversity During Juvenile Spacing, 1993. FRDA II);

FS 348A HSP 04/07                                                                                    Page 3 of 6
       (c)     fall, in accordance with Workers’ Compensation Act and Regulations, all
               other Danger Trees prior to commencement of pruning; and

       (d)     provide competent and experienced Snag fallers to conduct falling of Danger Trees.

       Trees Exempt from Pruning

2.11   The Contractor shall not damage living trees exempt from pruning. For the context of this paragraph,
       damage shall consist of the removal of branches from the upper 30% of live crown, removal of
       branches in the upper three whorls, or scarring or severing of the leader. Provided no such damage
       occurs, there shall be no penalty levied should the Contractor prune those trees which are listed as
       exempt from pruning in Schedule B.


       Pruning Inspection

3.01   The Province shall inspect Payment Areas in accordance with the conditions of this contract.

3.02   A series of sample plots shall be established evenly distributed throughout the Payment Area and, at
       each plot, the following information shall be recorded:

       (a)     the total number of trees;

       (b)     the number of prunable trees;

       (c)     particulars of pruned trees, which may include species diameter at breast height (DBH)    or
       other measurements deemed necessary;

       (d)     the number and codes of reworkable errors. A maximum of one error should be counted
               for each tree with non-reworkable errors taking precedent over reworkable errors;
               “Reworkable error” means a pruning error which can be corrected. These include:

               [R1] - Missed tree,

               [R2] - Live and/or dead limbs below pruning height,

               [R3] - Limbs not completely severed from stem,

               [R4] - Stub length or angled cut greater than 0.5 cm from branch collar,

               [R5] - More than two internodal branchlets (“internodal branchlets” are small branches
               less than 3 cm long which originate from the stem of the tree and are located between the
               major whorls),

               [R6] - Pruning poor-form trees when a well-formed tree is within the allowable intertree
               distance, and

               [R7] - Pruning the incorrect species when a good-form primary species exists within the
               allowable Intertree Distance;

       (e)     other Contract requirements which are reworkable;

       (f)     the number of non-reworkable errors;

               “Non-reworkable error” means a pruning error which cannot be corrected. These include:

               [NR1] - Pruning too high up the tree to a level greater than stated in Schedule B, and

FS 348A HSP 04/07                                                                                  Page 4 of 6
                [NR2] - Scarring of the stem exposing the cambium layer over an area greater than
                that of the largest pruned branch scar on the tree;

       (g)      other Contract requirements which are non-reworkable; and

       (h)      any instances of non-compliance with other Contract specifications.

3.03   If subcontracting has been allowed under this agreement the Province may perform a walkthrough
       assessment of any or all of the Payment Areas to determine if the Work was performed in
       accordance with specifications of Schedules B and C attached hereto, and in the Work Progress
       Plan. Where the Ministry Representative believes the work is not done to an acceptable standard the
       formal survey that is appropriate for the Treatment Type will be used.


       Basis of Payment

4.01   If the Work is to be performed on a bid price per unit area basis, the basic payment shall be
       determined by multiplying the area treated by the bid price per hectare stipulated in Schedule B.

4.02   If the Work is to be performed on a bid price per Work Unit basis, the basic payment shall be
       determined by summing the price, as specified in Schedule B, for all Work Units satisfactorily treated
       within the Payment Area.

4.03   If the Work is to be performed on a bid price per tree basis the basic payment shall be determined by
       multiplying the number of trees treated by the bid price per tree stipulated in Schedule B.

4.04   The basic payment shall be subject to a performance quality (P.Q.) adjustment as determined by
       paragraphs 4.06 and 4.07, and other assessments as are specified in this Contract.

       Quality Adjustment of Payment

4.05   All reworkable and non-reworkable errors will be calculated. The methods of calculation are as

       (i) Reworkable error %              =        No. of Reworkable Errors       x   100
                                                    No. of Prunable Trees

       (ii) Non-Reworkable error %         =        No. of Non-Reworkable Errors       x   200
                                                    No. of Prunable Trees

4.06   The Performance Quality (P.Q.) achieved by the Contractor will be determined by applying the
       following formula:
                P.Q.      =    100% - Reworkable Error %        - Non-Reworkable Error %

4.07   Upon determining the P.Q., the basic payment will be adjusted by applying the following formula:

                         Payment %* = (P.Q. X 1.08) - [100 - (P.Q. X 1.08)]2
                                   * Maximum of 100%

4.08   If there are more than the minimum number of pruned trees in a plot, the trees which most closely
       meet the intertree distance and species selection will be the ones to be evaluated for quality. All
       stems in a plot are to be checked for pruning damage.

Payment Reductions

4.09   If the results of an inspection indicate that a payment area, or a portion thereof, is unsatisfactorily
       treated and cannot be improved by reworking, the Province shall not make any payment for the
       unsatisfactorily treated area.

FS 348A HSP 04/07                                                                                   Page 5 of 6

       Unsatisfactory Work Quality

5.01   Despite the foregoing provisions for the calculation of payments, whenever a walk-through
       assessment or an inspection (or both) indicates that the Work quality is below 75%, based on
       paragraph 4.06, for the Work Unit, the Province shall consider the Contractor’s performance to be
       unsatisfactory, and the Province shall notify the Contractor in writing.

5.02   Any notice given to the Contractor for unsatisfactory performance shall specify whether or not the
       Province wishes to exercise its option to require the Contractor to rework the substandard area(s)
       within the Work Unit. If areas are to be reworked, the notice shall specify a deadline by which time
       the Contractor must have, at his own expense, improved the quality of Work within the Treatment
       Unit to at least the minimum acceptable standard 75% quality.

5.03   Should the Contractor fail to comply with a notice from the Province that demands that the quality of
       the Work in the Work Unit be raised to an acceptable standard by a specified deadline, the Province
       shall make no payment for that Work Unit and may terminate this Contract forthwith.

5.04   If after giving notice under paragraph 5.01, an inspection of further Work indicates that Work quality
       is again below 75% quality, and in the opinion of the Province creates damage to the trees, the
       Province may impose an assessment under paragraph 5.05.

       Pruning Damage to Trees

5.05   If in the opinion of the Province the trees are being damaged (either designated trees for pruning or
       trees exempt from pruning) by excessive live crown reduction (less than three whorls of branches left
       on the tree), stem scarring (exposed cambium over an area greater than that of the largest pruned
       branch scar on the tree.) or any other causes of damage, the Province may impose an additional
       assessment of one hundred dollars ($100) against the Contractor for each such infraction causing
       damage to the trees occurring within the inspection plots.

       Failure to Establish No Treatment Zones

5.06   If the Contractor fails to establish a No Treatment Zone, as specified in this Contract, the Province
       may reduce the basic payment by two hundred and fifty dollars ($250) for each such occurrence.

       Non-Production or Under-Production

5.07   Subject to paragraph 5.08, where the Ministry Officer determines that the Contractor has either failed
       to commence work on the date specified or has not met the specified production rates, the Province
       may, as an alternative to terminating the Contract, impose an assessment.

5.08   An assessment made pursuant to paragraph 5.07 shall be in the form of either a fixed dollar amount
       or may vary as a function of the amount by which the Contractor has failed to meet specified
       production rates. The methods by which the assessments are to be determined shall be specified in
       Schedule C or in the Work Progress Plan.

5.09   For the purposes of imposing an assessment subject to paragraph 5.07, no notice is required to be
       given by the Province to the Contractor.

FS 348A HSP 04/07                                                                                   Page 6 of 6

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