The Buyer shall perform all logging functions in a professional manner at all times, including, but not limited to the following: 1. Shall cut only those trees designated to be within the sale area. The term designated trees, as used herein, is understood to be only those live trees located within the designated area as outlined in the Timber Sale Specifications contained in Exhibits I, II, III, and IV. 2. Shall avoid damage to trees not designated for harvest within the sale area and any trees outside the sale area, during all phases of logging operations. Shall perform all logging functions in a professional manner at all times per the Department. Shall use landing sites, existing roads and forest roads as designated and permitted by the Department. These sites and roads shall be restored and seeded per the Departments standards. Shall refrain from allowing equipment parts, motor oil containers and filters, air filters, paper, scrap metal, wire, or any discarded material to be left on lands of the Department or adjoining lands. Realizing that logging operations tend to generate materials of this type, the Buyer will provide suitable containers on site for depositing discarded material and trash. These containers will be removed from the logging site when full and emptied off-site by the Buyer. Upon completion of logging operations, trash containers will be permanently removed from the logging site. In case of accidental oil or fuel spills on lands of Department, Buyer will immediately initiate cleanup of said oil or fuel spills and remove contaminated soil and other materials from the site. 7. Shall make stump cuts so that all stumps shall be at a height no greater than 12 inches above ground level. 8. Shall leave the streams, ditches, ponds, or other water sources free and clear of treetops, brush, or other obstructions. To repair anything that is damaged by the operation and leave trails, roads, and property boundary markers in a condition as close to the original condition as possible. 9. Shall notify the Department or the designated agent, two (2) working days in advance of the intention to start cutting or moving equipment onto the site. Notice will also be given two (2) working days prior to the completion of the Contract and before equipment is moved off sight 10. Shall exercise caution at all times by the Buyer, his or her agents, and employees, or those that may be under Contract to him, that fires are not to be started or permitted to spread. 11. Shall carry liability insurance, workman's compensation, and such motor vehicle insurance as required by the Timber Sale Specifications, Exhibit I, Delaware State Law, and furnish proof of same to the Department prior to commencement of the harvesting operation. 12. Shall hold the Department harmless and blameless from any and all claims that may arise as a result of Buyer's operation on the Department's property. 13. Shall pay three (3) times the stumpage value for each tree not in the Contract that is cut or wantonly damaged. Damaged trees and stumpage amounts will be tallied by the Department at which time the Buyer has five (5) days to pay the Department. 14. Shall comply with all state and county laws/regulations and be responsible for any violations that occur on the Departments’ property as a result of the Buyers/Buyers agents’ actions. 15. Shall provide the Department with a list of the harvesting crew member names and references which must be approved by the Department prior to the start of work. Buyer agrees that no work can be performed, or equipment moved on the Departments property, until this is approved.
