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					                                               STATE OF MONTANA
                                               INVITATION FOR BID
                                   Department of Natural Resources & Conservation
                                                    1625 11 th Ave
                                                  P.O. Box 201601
                                              Helena, MT 59620-1601
                                     Phone: (406) 444-2074 Fax: (406) 444-2684

                                               THIS IS NOT AN ORDER
Company Name/Address: (correct any errors)               Bid No. 115360 CSO
                                                         Bid Title: Tree Planting


                                                             Pages: 1-33, plus Attachments A through F.


BIDS will be received and publicly opened at 2:00 p.m.       Issued by:
on: 1/7/11.

                                                             Gary Oesterreich



          MARK FACE OF BID ENVELOPE UNDER YOUR RETURN ADDRESS WITH THE FOLLOWING:
                                             Sealed Bid
                                     Solicitation # 115360 CSO
                                       Opening date: 1/7/11

IF NO BID RESPONSE..............(check one below)                                           NOTE:
  Take me off the vendors list for this class item.                  Failure to respond to 3 consecutive solicitations
  Keep me on the vendors list for this class item.                   will result in removal from the vendors list.
  Other:



                                                  PLEASE COMPLETE
Delivery Date:                                                  Payment Terms: Net 30 Days
Company Name/Address:                                           Phone:
(if different)                                                  Fax:




Bidder Name:                                                              Federal I.D.
(please print)                                                            No.:
Signature of
Bidder:
                          IMPORTANT: SEE STANDARD TERMS AND CONDITIONS




                                                         1
                    Standard Terms and Conditions

By submitting a response to this invitation for bid, request for proposal, limited
solicitation, or acceptance of a contract, the vendor agrees to acceptance of the
following Standard Terms and Conditions and any other provisions that are
specific to this solicitation or contract.

ACCEPTANCE/REJECTION OF BIDS, PROPOSALS, OR LIMITED SOLICITATION RESPONSES:
The State reserves the right to accept or reject any or all bids, proposals, or limited solicitation
responses, wholly or in part, and to make awards in any manner deemed in the best interest of the
State. Bids, proposals, and limited solicitation responses will be firm for 30 days , unless stated
otherwise in the text of the invitation for bid, request for proposal, or limited solicitation.

ACCESS AND RETENTION OF RECORDS: The contractor agrees to provide the department,
Legislative Auditor, or their authorized agents, access to any records necessary to determine
contract compliance. (Section 18-1-118, MCA). The contractor agrees to create and retain records
supporting the services rendered or supplies delivered for a period of three years after either the
completion date of the contract or the conclusion of any claim, litigation, or exception relating to the
contract taken by the State of Montana or third party.

ALTERATION OF SOLICITATION DOCUMENT: In the event of inconsistencies or contradictions
between language contained in the State’s solicitation document and a vendor’s response, the
language contained in the State’s original solicitation document will prevail. Intentional manipulation
and/or alteration of solicitation document language will result in the vendor’s disqualificat ion and
possible debarment.

ASSIGNMENT, TRANSFER AND SUBCONTRACTING: The contractor shall not assign, transfer or
subcontract any portion of the contract without the express written consent of the department.
(Section 18-4-141, MCA.)

AUTHORITY: The attached bid, request for proposal, limited solicitation, or contract is issued
under authority of Title 18, Montana Code Annotated, and the Administrative Rules of Montana,
Title 2, chapter 5.

COMPLIANCE WITH LAWS: The contractor must, in performance of work under the contract, fully
comply with all applicable federal, state, or local laws, rules and regulations, including the Montana
Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans
with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or
subcontracting by the contractor subjects subcontractors to the same provision. In accordance with
section 49-3-207, MCA, the contractor agrees that the hiring of persons to perform the contract will
be made on the basis of merit and qualifications and there will be no discrimination based upon
race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or
national origin by the persons performing the contract.

CONFORMANCE WITH CONTRACT: No alteration of the terms, conditions, delivery, price, quality,
quantities, or specifications of the contract shall be granted without prior written consent of the
State Procurement Bureau. Supplies delivered which do not conform to the contract terms,

                                                    2
conditions, and specifications may be rejected and returned at the contractor’s expense.

DEBARMENT: The contractor certifies, by submitting this bid or proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction (contract) by any governmental
department or agency. If the contractor cannot certify this statement, attach a written expla nation
for review by the State.

DISABILITY ACCOMMODATIONS: The State of Montana does not discriminate on the basis of
disability in admission to, access to, or operations of its programs, services, or activities. Individuals
who need aids, alternative document formats, or services for effective communications or other
disability related accommodations in the programs and services offered are invited to make their
needs and preferences known to this office. Interested parties should provide as much advance
notice as possible.

FACSIMILE RESPONSES: Facsimile responses will be accepted for invitations for bids, small
purchases, or limited solicitations ONLY if they are completely received by the State Procurement
Bureau prior to the time set for receipt. Bids, or portions thereof, received after the due time will not
be considered. Facsimile responses to requests for proposals are ONLY accepted on an exception
basis with prior approval of the procurement officer.

FAILURE TO HONOR BID/PROPOSAL: If a bidder/offeror to whom a contract is awarded refuses
to accept the award (PO/contract) or fails to deliver in accordance with the contract terms and
conditions, the department may, in its discretion, suspend the bidder/offeror for a period of time
from entering into any contracts with the State of Montana.

FORCE MAJEURE: Neither party shall be responsible for failure to fulfill its obligations due to
causes beyond its reasonable control, including without limitation, acts or omissions of government
or military authority, acts of God, materials shortages, transportation delays, fires, floods, labor
disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the
reasonable control of the nonperforming party, so long as such party is us ing its best efforts to
remedy such failure or delays.

HOLD HARMLESS/INDEMNIFICATION: The contractor agrees to protect, defend, and save the
State, its elected and appointed officials, agents, and employees, while acting within the scope of
their duties as such, harmless from and against all claims, demands, causes of action of any kind
or character, including the cost of defense thereof, arising in favor of the contractor’s employees or
third parties on account of bodily or personal injuries, death, or da mage to property arising out of
services performed or omissions of services or in any way resulting from the acts or omissions of
the contractor and/or its agents, employees, representatives, assigns, subcontractors, except the
sole negligence of the State, under this agreement.

LATE BIDS AND PROPOSALS: Regardless of cause, late bids and proposals will not be accepted
and will automatically be disqualified from further consideration. It shall be solely the vendor’s risk
to ensure delivery at the designated office by the designated time. Late bids and proposals will not
be opened and may be returned to the vendor at the expense of the vendor or destroyed if
requested.

PAYMENT TERM: All payment terms will be computed from the date of delivery of supplies or
services OR receipt of a properly executed invoice, whichever is later. Unless otherwise noted in
the solicitation document, the State is allowed 30 days to pay such invoices. All contractors will be


                                                    3
required to provide banking information at the time of contract execution in order to facilitate State
electronic funds transfer payments.

RECIPROCAL PREFERENCE: The State of Montana applies a reciprocal preference against a
vendor submitting a bid from a state or country that grants a residency preference to its resident
businesses. A reciprocal preference is only applied to an invitation for bid for supplies or an
invitation for bid for non-construction services for public works as defined in section 18-2-401(9),
MCA, and then only if federal funds are not involved. For a list of states that grant resident
preference, see http://gsd.mt.gov/ProcurementServices/preferences.mcpx.

REDUCTION OF FUNDING: The State must terminate this contract if funds are not appropriated or
otherwise made available to support the State's continuation of performance in a subsequent fiscal
period. (See section 18-4-313(4), MCA.)

REFERENCE TO CONTRACT: The contract or purchase order number MUST appear on all
invoices, packing lists, packages, and correspondence pertaining to the contract.

REGISTRATION WITH THE SECRETARY OF STATE: Any business intending to transact business
in Montana must register with the Secretary of State. Businesses that are incorporated in another
state or country, but which are conducting activity in Montana, must determine whether they are
transacting business in Montana in accordance with sections 35 -1-1026 and 35-8-1001, MCA.
Such businesses may want to obtain the guidance of their attor ney or accountant to determine
whether their activity is considered transacting business.

If businesses determine that they are transacting business in Montana, they must register with the
Secretary of State and obtain a certificate of authority to demonstrate that they are in good
standing in Montana. To obtain registration materials, call the Office of the Secretary of State at
(406) 444-3665, or visit their website at http://sos.mt.gov.

SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any
provision of the contract is illegal and void shall not affect the legality and enforceability of any
other provision of the contract, unless the provisions are mutually dependent.

SHIPPING: Supplies shall be shipped prepaid, F.O.B. Destination, unless the contract specifies
otherwise.

SOLICITATION DOCUMENT EXAMINATION: Vendors shall promptly notify the State of any
ambiguity, inconsistency, or error which they may discover upon examination of a solicitation
document.

TAX EXEMPTION: The State of Montana is exempt from Federal Excise Taxes (#81 -0302402).

TECHNOLOGY ACCESS FOR BLIND OR VISUALLY IMPAIRED: Contractor acknowledges that no
state funds may be expended for the purchase of information technology equipment and software
for use by employees, program participants, or members of the public unless it provides blind or
visually impaired individuals with access, including interactive use of the equipment and services,
that is equivalent to that provided to individuals who are not blind or visually impaired. (Section 18 -
5-603, MCA.) Contact the State Procurement Bureau at (406) 444 -2575 for more information
concerning non-visual access standards.

TERMINATION OF CONTRACT: Unless otherwise stated, the State may, by written notice to the


                                                   4
contractor, terminate the contract in whole or in part at any time the contractor fails to perform the
contract.

U.S. FUNDS: All prices and payments must be in U.S. dollars.

VENUE: This solicitation is governed by the laws of Montana. The parties agree that any litigation
concerning this bid, request for proposal, limited solicitation, or subsequent contract, must be
brought in the First Judicial District in and for the County of Lewis and Clark, State of Montana , and
each party shall pay its own costs and attorney fees. (Section 18 -1-401, MCA.)

WARRANTIES: The contractor warrants that items offered will conform to the specifications
requested, to be fit and sufficient for the purpose manufactured, of good mater ial and
workmanship, and free from defect. Items offered must be new and unused and of the latest model
or manufacture, unless otherwise specified by the State. They shall be equal in quality and
performance to those indicated herein. Descriptions used her ein are specified solely for the
purpose of indicating standards of quality, performance, and/or use desired. Exceptions will be
rejected.

                                                                                            Revised 2/10

NOTE:      A MONTANA SUPREME COURT RULING CONCERNING THE ―INDEPENDENT
           CONTRACTOR‖ STATUS HAS CREATED THE NEED FOR HIRING AGENTS TO
           MAKE THE DETERMINATION IF A BIDDER/VENDOR IS TO BE CLASSIFIED
           AS AN INDEPENDENT CONTRACTOR OR AN EMPLOYEE. MAKE SURE TO
           FILL OUT, SIGN AND SUBMIT THE ―INDEPENDENT CONTRACTOR
            WORKSHEET PRE-CONTRACT APPROVAL FORM‖ ENCLOSED WITH YOUR
           BID (ATTACHMENT F).

INSTRUCTIONS TO BIDDERS

Examination of Solicitation Documents and Explanation to Bidders. Bidders are responsible
for examining the solicitation documents and any addenda issued to become informed a s to all
conditions that might in any way affect the cost or performance of any work. Failure to do so will be
at the sole risk of the bidder. Should the bidder find discrepancies in or omissions from the
solicitation documents, or should their intent or meaning appear unclear or ambiguous, or should
any other question arise relative to the solicitation documents, the bidder shall promptly notify the
Procurement Officer in writing. The bidder making such request will be solely responsible for its
timely receipt by the Procurement Officer. Replies to such notices may be made in the form of an
addendum to the solicitation.

Interpretation or Representations. The DNRC, assumes no responsibility for any interpretation
or representations made by any of its officers or agents unless interpretations or representations
are incorporated into a formal written addendum to the solicitation.

Acknowledgment of Addendum. If the IFB is amended, then all terms and conditions which are
not modified remain unchanged. It is the bidder's responsibility to keep informed of any changes to
the solicitation. Bidders must sign and return with their bid an Acknowledgment of
Addendum for any addendum issued. Bids that fail to include an Acknowledgment of Addendum
may be considered nonresponsive.

Extension of Prices. In the case of error in the extension of prices in the bid, the unit price will


                                                   5
govern. In a lot bid, the lot price will govern.

Bid Preparation Costs. The costs for developing and delivering responses to this IFB are
entirely the responsibility of the bidder. The State is not liable for any expense incurred by the
bidder in the preparation and presentation of their bid or any other costs incurred by the bidder
prior to execution of a purchase order or contract.

                                             INTRODUCTION

The Department of Natural Resources and Conservation (DNRC) is soliciting bids for DNRC Tree
Planting.

This bid solicitation is for the planting of tree seedlings. Services will be performed on the
Northwestern Land Office, NWLO (Lake, Sanders, Flathead and Lincoln counties) and
Southwestern Land Office, SWLO (Missoula, Ravalli, Lewis and Clark, Granite, Deerlodge, Powell,
Mineral and Silverbow counties) of the DNRC. The Agreement will be for the Spring/Summer/Fall
2011 planting season. Maps are included for NWLO & SWLO planting sites.

The Contractor must be capable of planting a minimum of 20,000 trees per day. Failure to
meet these minimums may result in DNRC withholding liquidated damages as specified in
Division A, 17.b.

An award will be made to the vendor with the lowest Total Bid Price (TBP) for the following tree
planting. A 10% performance bond will be required on the project. This project must be completed
by 12/31/2011.

Bidders requiring clarification or interpretation of any section o r sections contained in this IFB #
115360 CSO shall make a written request to the DNRC Procurement Bureau. All written
correspondence must be addressed to:

                                           ____________
                           Department of Natural Resources & Conservation
                             Attn: Gary Oesterreich, IFB # 115360 CSO
                                          P.O. BOX 201601
                                      Helena, MT 59620-1601
                                        goesterreich@mt.gov
                                         FAX 406-444-6724
                                       Phone: 406-444-5759

Each bidder submitting written questions must clearly address each question by reference to a specific
section, page and item of IFB # 115360 CSO. An official written answer will be provided to all questions
received on 12/28/10. Written questions received after the deadline may or may not be considered.

Responses to written questions will be posted on the Department of Administration, General
Services Division website at http://svc.mt.gov/gsd/OneStop/SolicitationList.aspx?AgencyID=9 on or
before 12/30/10.

Any interpretation, correction, or change of IFB # 115360 CSO will be made by written Addendum.
Interpretations, corrections or changes of this IFB made in any other manner will not be binding and
bidders shall not rely upon such interpretations, corrections, or changes.

The DNRC Procurement Bureau will post any necessary Addenda at
http://svc.mt.gov/gsd/OneStop/SolicitationList.aspx?AgencyID=9




                                                   6
BID SUBMISSION

Bids Must Be Sealed and Labeled. Bids must be sealed and labeled on the outside of the
package to clearly indicate that they are in response to IFB # 115 360 CSO. Bids must be
received at the receptionist’s desk of the DNRC Procurement Bureau prior to 2:00 PM.,
on 1/7/11. All prices and notations must be printed in ink or typewritten. Errors shou ld be crossed
out, corrections entered, and initialed by the person signing the bid.


Late Bids. Regardless of cause, late bids will not be accepted and will automatically be
disqualified from further consideration. It shall be the bidder’s sole risk to assure delivery at
the receptionist's desk at the designated office by the designated time. Late bids will not be opened
and may be returned to the bidder at the expense of the bidder or destroyed if requested.

Bidder’s Signature. The solicitation must be signed in ink by an individual authorized to legally
bind the business submitting the bid. The bidder’s signature on a bid in response to this IFB
guarantees that the offer has been established without collusion and without effort to preclude the
State of Montana from obtaining the best possible supply or service.

CHANGE OR WITHDRAWAL OF BIDS

Change or Withdrawal PRIOR to Bid Opening. Should any bidder desire to change or withdraw
a bid prior to the scheduled opening, the bidder may do so by making such request in writing to the
Procurement Officer. This communication must be received prior to the date and hour of the bid
opening by a request in writing or facsimile to the procurement officer (e -mail notices containing
prices are not allowed and will be disqualified).

Change AFTER Bid Opening But Prior to Bid Award. After bids are opened, they may not be
changed except to correct patently obvious mistakes and minor variations as allowed by ARM
2.5.505. The bidder shall submit verification of the cor rect bid to the DNRC prior to the final award
by the DNRC.




                                       TABLE OF CONTENTS


INTRODUCTION

DIVISION A - GENERAL REQUIREMENTS . . . . . . . . . . . . . . . . . ………. .Page 10

DIVISION B - SPECIFICATIONS AND REQUIREMENTS . . . . . . . . . . . . . Page 19

DIVISION C - BIDDING INSTRUCTIONS . . . . . . . . . . . . . . . . . . …………..Page 31


ATTACHMENTS

ATTACHMENT A – Trees Planted in an Unsatisfactory Manner . . . . . . 1 Page


                                                   7
ATTACHMENT B – Utilization of Material to Provide Shade. . . . . . . …. 1 Page

ATTACHMENT C – Vicinity Maps . . . . . . . . . . . . . . . . . . . . . ………………2 Pages

ATTACHMENT D – Location Maps . . . . . . . . . . . . . . . . . . . ……………. 11 Pages

ATTACHMENT E – Fire Regulations . . . . . . . . . . . . . . . . . . ……………... 2 Pages

ATTACHMENT F       Independent Contractor………………………………….1 Page




                                                 8
                                                                                              Bid # 115360 CSO

                                   STATE OF MONTANA
                   DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
                                       BID FORM

   Please fill out the attached bid forms. The bid will be awarded based on the lowest Total Bid Price on Bid
   Form 1. These sites should be bid as site prep 1. Figures in Bid Form 2 will be used for site -specific
   adjustments if needed. (#TREES in BID FORM 1 are approximate, a nd will be adjusted as trees are lifted
   and wrapped)

   Contractor Name: _____________________________

   Contractor Signature___________________________

                                                   BID FORM 1

                                                                                       BID PER
 LAND                                                          SPACIN   #TREES           1000    #TREES x
OFFICE UNIT              LOCATION                   SIZE         G    (Thousands)       TREES BID/1000 TREES
                       SPRING 2011
NWLO     LIB            Flower Creek                415D       14 X 14     73.000
NWLO    STW            Point of Rocks               412A       16 X 16      8.200
NWLO    STW              Steele Dog                 412A       16 X 16      0.700
NWLO    STW             Fort Pinkham                412A       16 X 16      4.200
NWLO    SWN         3 Creeks—II Unit 3-08           412A       15 X 15     12.300
NWLO    SWN         3 Creeks—II Unit 1-03           412A       20 X 20      4.000

SWLO    CLW             Buck Finley             412A           12 X 12     19.508
SWLO    CLW             Buck Finley             415D           12 X 12     78.032
SWLO    CLW              Dog Town               415D           12 X 12      4.600
SWLO    CLW             Bug Chuck               412A           12 X 12      2.200
SWLO    CLW               Elk 36                412A           12 X 12      4.500
SWLO    CLW               Elk 36                415D           12 X 12      4.500
                      SUMMER 2011
NWLO    STW         W. Fork Units 3 & 6         412A           14 X 14     50.000
NWLO    STW      W. Fork Units 8,9,10,11,12     412A           14 X 14     37.000
                        FALL 2011
SWLO    CLW          Haywire-Wallace            412A           12 X 12     4.200
SWLO    CLW          Haywire-Wallace            415D           12 X 12     6.300
                                    TOTAL BID PRICE




                                                           9
                                                  BIDFORM 2


                                     PLANTING COST PER 1,000 TREES
                       ITEM                       12x12 13x13      14x14       15x15 or greater
Additive Cost For Shade Clause 1
Additive Cost For Site Prep Clause 2
Additive Cost For Site Prep Clause 3
Additive Cost For Interplant > 25% Stocking of
Acceptable Established Trees
Additive Cost For 12" Scalp




                                   ITEM                               Unit         Unit Price
 Walk In Access (each 1/4 mile trip) Per Person                    Trip
 Installation of survival stakes (State provide stakes)            Per stake
 Installation of rigid net w/2 bamboo each (state provide nets &   Per Net
 bamboo). (approx. 4,200 to install)
 Maintenance of rigid net w/2 bamboo each (state provide nets &    Per Net
 bamboo as needed).




                                                          10
                              STATE OF MONTANA
              DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION


The following information contains the bid requirements and specifica tions. After award,
agreed-upon vendor input and the following will comprise the Contract Agreement.

PROJECT NAME: DNRC Tree Planting ___

LAND OFFICE: _Southwestern/Northwestern__

DIVISION A - GENERAL

1.    DEFINITIONS AND TERMS

      Acceptable Established Tree: Live, healthy, conifer seedlings or saplings free of injury or
      disease with a minimum 50 percent ratio of live crown to total height and minimum height of
      six inches and a maximum height of 20 feet. This shall apply to specific specie s as
      identified by the Contract Supervisor.

      Attachments: The attached project descriptions, maps, and other labeled references are a
      part of this contract, and any special terms therein are binding upon all parties.

      Contract Administrator: The DNRC employee noted as signatory for DNRC.

      Contract Supervisor: The designated DNRC employee who will provide on-the-ground
      administration of the Contract Agreement.

      Contractor: The signatory party to the contract, other than DNRC.

      Contractor Representative: The Contractor's representative, authorized in writing to act on
      the Contractor's behalf, and to be present on the area when work is on -going.

      Contract Supervisor: The designated DNRC employee who will provide on-the-ground
      administration of the contract.

      Cotyledon Scar: Lowest point on stem from which branches will grow. Marked by a distinct
      ring in the bark on most species of tree seedlings.

      DNRC: Acceptable and legal references to the Montana Department of Natural Resources
      and Conservation for the purposes of the bid and this Contract Agreement.

      Excess Trees Planted: Planted or treated trees on a plot which exceed the maximum
      number of trees allowable in a plot as listed in Section B.4.A.2.C TABLE of this IFB.

      Interplanting: Planting of trees only where an acceptable established tree is not present
      within the specified spacing. Where interplanting is required, no planted tree shall be
      spaced closer than fifty percent of the spacing requirement to an acceptable established
      tree or another planted tree.

      Lateral Branch: All tree branches growing generally at an angle to the main stem of each


                                               11
tree.

Newly Planted Seedlings: Seedlings planted during the immediately preceding or the same
season as the netting takes place.

Performance Period: The time allowed for completion of the work described in the Contract
Agreement.

Plantable spot: An area, within the spacing requirements, from which vegetation, slash, duff
and debris has been or can be removed, and a tree seedling can be planted accor ding to
all specifications contained herein, or any area where a planter has planted a tree.

Planting: Planting shall be considered the act of tree seedling planting.

Planted Tree: A planted tree will be considered as including all concurrent operations
related to planting.

Satisfactory Tree: Trees that are treated according to specifications. If the operation is tree
planting, the measure of a satisfactory tree would include compliance with the planting
technical specifications.

Shade Clause l: Where stationary material is not available to provide microsite protection,
the Contractor shall place on the south to west side of the tree any transportable wood
debris or rocks a least four (4) inches in diameter found within 100% of the tree spacing
requirements. Transportable protection shall be placed within two (2) inches of the tree,
except where larger pieces may provide protection when placed further away. When
rounded material is used for protection, it shall be braced in a manner that will not allow it to
roll.

Site Prep 1: Sites prepared by any method or combination of methods such as broadcast
burning, wildfire or various mechanical treatments, that result in the reduction of most of the
logging slash and vegetation, and the exposure of mineral so il, so as to provide reasonably
good access through the Unit and to planting spots.

Site Prep 2: Site prepared by any method, or combination of methods that resulted in the
reduction of slash and vegetation, but left a substantial amount of these material s present,
thus hampering access through the Unit and to planting spots.

Site Prep 3: Sites where little or no treatment of slash and vegetation has occurred or
where the length of time has been sufficient that the benefits of past treatments has abated
to the point where access is significantly impaired or the difficulty of planting spot
preparation is significantly increased.

Terminal Bud: The vegetative bud on the tip of the main stem of a tree, usually the highest
part of the tree.

Terminal Leader: The topmost portion of the main tree stems extending from the top lateral
branch, or whorl of the lateral branches, upward to the terminal bud.

Tree Height: Tree height will be measured vertically from the cotyledon scar to the tip of the
terminal leader.



                                           12
     Unplantable Spot: An area within the specified spacing limits in which it is not possible to
     plant a tree according to specifications and no tree has been planted.

     Unsatisfactory Trees: Trees that are not treated according to specifications.

     Wasted Tree: Trees, which are lost or discarded, damaged, destroyed, or handled contrary
     to the specifications for care of trees.

     Whorl: One of a series of lateral branches radiating from a single height along the main
     tree stem.

2.   COLLUSION PROHIBITED

     The signature on the bid guarantees that the prices quoted have been estab lished without
     collusion and without effort to preclude the State of Montana from obtaining the best
     possible competitive price for this Contract Agreement.

3.   RESPONSIBILITIES

     a. The Contractor assumes full responsibility for the safety of his/her employees,
        equipment, and supplies.

     b.   Bidders shall be responsible for becoming acquainted with all Contract Agreement
          requirements and site conditions.

     c.   The Contractor agrees to secure the State, its officials, agents, and employees against
          hurt, loss, or damage while acting within the scope of their duties from all claims,
          demands, and causes of action of any kind or character, including the cost of defense,
          arising in favor of the Contractor's employees or third parties on account of bodily or
          personal injuries, death, or damage to property arising out of services performed,
          goods or rights to intellectual property provided or omissions of services or in any way
          resulting from the acts or omission of the Contractor and/or its agents, employees,
          subcontractor or its representatives under this agreement, all to the extent of the
          Contractor’s negligence.

     d.   The Contractor shall secure the State against any damage, destruction, or theft
          caused by any of the Contractor's employees.




4.   INDEPENDENT CONTRACTOR

     The Contractor is an independent Contractor providing services for the State of Montana.
     Neither the Contractor nor any of his employees are employees of the State of Montana
     under the Contract Agreement, nor will they be considered employees of the State of
     Montana under any subsequent amendment to the Contract Agreement, unless other wise
     expressed.



                                               13
5.      INSURANCE

     A. COMPLIANCE WITH WORKERS’ COMPENSATION ACT

        Contractors are required to comply with the provisions of the Montana Workers'
        Compensation Act while performing work for the State of Montana in accordance with the
        sections 39-71-401, 39-71-405, and 39-71-417, MCA. Proof of compliance must be in the
        form of workers' compensation insurance, an independent contractor exemption, or
        documentation of corporate officer status. Neither the Contractor nor its employees are
        employees of the State. This insurance/exemption must be valid for the entire term of the
        contract. A renewal document must be sent to the DNRC Procurement Bureau, P.O. Box
        201601, Helena, MT 59620-1601, upon expiration.

     B. Liability Insurance

        General Requirements. The Contractor shall maintain for the duration of the contract, at
        its cost and expense, insurance against claims for injuries to persons or damages to
        property, including contractual liability, which may arise from or in connection with the
        performance of the work by the Contractor, agents, employees, representatives, assigns,
        or subcontractors. This insurance shall cover such claims as may be caused by any
        negligent act or omission.

        Specific Requirements for Commercial General Liability. The Contractor shall
        purchase and maintain occurrence coverage with combined single limits for bodily injury,
        personal injury, and property damage of $300,000 per occurrence and $600,000
        aggregate per year to cover such claims as may be caused by any act, omission, or
        negligence of the Contractor or its officers, agents, representatives, assigns, or
        subcontractors.

        Additional Insured Status. The State, its officers, officials, employees, and volunteers are
        to be covered and listed as additional insured’s for liability arising out of activities
        performed by or on behalf of the Contractor, including the insured's general supervision of
        the Contractor; products and completed operations; premises owned, leased, occupied, or
        used.

        Primary Insurance. The Contractor's insurance coverage shall be primary insurance as
        respect to the State, its officers, officials, employees, and volunteers and shall apply
        separately to each project or location. Any insurance or self-insurance maintained by the
        State, its officers, officials, employees, or volunteers shall be in excess of the Contractor's
        insurance and shall not contribute with it.


        Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must
        be declared to and approved by the state agency. At the request of the agency either: (1)
        the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
        the State, its officers, officials, employees, and volunteers; or (2) at the expense of the
        Contractor, the Contractor shall procure a bond guaranteeing payment of losses an d
        related investigations, claims administration, and defense expenses.

        Certificate of Insurance/Endorsements. Insurance must be placed with an insurer with
        a Best's rating of no less than A-. The certificate must also include the DNRC’s solicitation
        number. This insurance must be maintained for the duration of the contract. The DNRC


                                                   14
     Procurement Bureau, P.O. Box 201601, Helena, MT 59620-1601, must receive all required
     certificates and endorsements within 10 days from the date of the Request for Documents
     notice before a contract or purchase order will be issued. Work may not commence until a
     contract or purchase order is in place. The Contractor must notify the DNRC immediately of
     any material change in insurance coverage, such as changes in limits, coverage , change in
     status of policy, etc. The DNRC reserves the right to require complete copies of insurance
     policies at all times.

6.   NOTICE OF PREVAILING/MINIMUM WAGE DETERMINATION

     6.1 Montana Resident Preference.

     The nature of the work performed, or services provided, under this contract meets the
     statutory definition of a "public works contract" in section 18-2-401, MCA. Unless
     superseded by federal law, Montana law requires that contractors and subcontractors give
     preference to the employment of Montana residents for any public works contract in excess
     of $25,000 for construction or non-construction services in accordance with sections 18-2-
     401 through 18-2-432, MCA, and all administrative rules adopted in relation to these
     statutes.

     Unless superseded by federal law, each contractor shall ensure that at least 50% of a
     contractor's workers performing labor on a construction project are bona fide Montana
     residents.

     The Commissioner of the Montana Department of Labor and Industry has established the
     resident requirements in accordance with sections 18-2-403 and 18-2-409, MCA. Any and
     all questions concerning prevailing wage and Montana resident issues should be directed
     to the Montana Department of Labor and Industry.


     6.2 Standard Prevailing Rate of Wages.

     In addition, unless superseded by federal law, all employees working on a public works
     contract shall be paid prevailing wage rates in accordance with sections 18 -2-401 through
     18-2-432, MCA, and all associated administrative rules. Montana law requires that all
     public works contracts, as defined in section 18-2-401, MCA, in which the total cost of the
     contract is in excess of $25,000, contain a provision stating for each job classification the
     standard prevailing wage rate, including fringe benefits, travel, per diem, and zone pay that
     the contractors, subcontractors, and employers shall pay during the public works contract.

     Furthermore, section 18-2-406, MCA, requires that all contractors, subcontractors, and
     employers who are performing work or providing services under a public works contract
     post in a prominent and accessible site on the project staging area or work area, no later
     than the first day of work and continuing for the entire duration of the contract, a legible
     statement of all wages and fringe benefits to be paid to the employees in compliance with
     section 18-2-423, MCA.

     Section 18-2-423, MCA, requires that employees receiving an hourly wage must be paid on
     a weekly basis. Each contractor, subcontractor, and employer must maint ain payroll
     records in a manner readily capable of being certified for submission under section 18 -2-
     423, MCA, for not less than three years after the contractor's, subcontractor's, or
     employer's completion of work on the public works contract


                                               15
     All contractors and employers shall classify each employee who performs labor on a public
     works project according to the applicable standard prevailing rate of wages for such craft,
     classification, or type of employee established by the Commissioner of the Montana
     Department of Labor and Industry, and shall pay each such employee a rate of wages not
     less than the standard prevailing rate as specified in the Montana Prevailing Wages Rates
     for Non Construction Services, dated February 2010.

7.   BID SECURITY - Does Not Apply

8.   CONTRACT AGREEMENT SECURITY

     The successful contractor must provide Contract Performance Security based upon 10% of
     the contract total.

     The contract performance security must be provided by the contractor in one of the
     following forms, within 10 working days from the Request for Documents Notice. ONLY THE
     FOLLOWING TYPES OF SECURITY ARE ACCEPTABLE AND MUST BE IN ORIGINAL
     FORM. FACSIMILE, ELECTRONIC, OR PHOTOCOPIES ARE NOT ACCEPTABLE.

     (a)    a sufficient bond from a surety company licensed in Montana with a Best's rating of
            no less than A- and supplied on the State of Montana's designated form found at
            http://www.mt.gov/doa/gsd/procurement/forms.asp and entitled "Contract
            Performance Bond"; or
     (b)    lawful money of the United States; or
     (c)    an irrevocable letter of credit from a single financial institution and supplied on the
            State of Montana's designated form found at
            http://www.mt.gov/doa/gsd/procurement/forms.asp and entitled "Irrevocable Letter of
            Credit"; or
     (d)    a cashier’s check, certified check, bank money order, bank draft, certificate of
            deposit, or money market certificates drawn or issued by a fede rally or state-
            chartered bank or savings and loan association that is insured by or for which
            insurance is administered by the FDIC or that is drawn and issued by a credit union
            insured by the national credit union share insurance fund. Certificates of dep osit or
            money market certificates will not be accepted as security for bid, proposal or
            contract security unless the certificates are assigned only to the State. All interest
            income from these certificates must accrue only to the contractor and not the Sta te.


     (e)    personal or business checks are not acceptable.


     This contract performance security must remain in effect for the entire term of the contract.
     A new surety bond or irrevocable letter of credit must be issued to the State of Montana if
     this contract is renewed.

     The contract performance security must be provided to the following address: DNRC
     Procurement Bureau, P.O. Box 201601, Helena, MT 59620-1601.

     (See Title 18, chapter 4, part 3, MCA, Title 30, chapter 5, MCA, and ARM 2.5.502.)




                                              16
9.    SUBCONTRACT AGREEMENT

      a.   The Contractor shall not, without written approval from the State, enter into any
           subcontract agreement relating to the performance of the Contract Agreement.

      b.   All laws, rules, and regulations pertaining to the Contract Agreement will also apply to
           any subcontract agreements.

10.   TRASH CLEANUP

      At the end of each day, the contractor shall be responsible for picking up and properly
      disposing of all trash generated as a result of the Contract Agreement. This includes any
      camps made by the Contractor’s personnel. In terms of cleanup, the Contractor shall:

           1. Comply with all applicable State laws, rules and regulations regarding sanitation in
              operations.
           2. Keep the premises free from debris and accumulation of waste;
           3. Clean up any oil or fuel spills;
           4. Keep machinery clean and free of weeds;
           5. Not service tractors, trucks or other equipment on lands at or adjacent to lakes,
              streams or recreation facilities.
           6. Cleanup shall be done to the satisfaction of the Contract Supervisor.


11.   MINIMUM REQUIREMENTS - (Does not apply)

12.   FIRE PROTECTION

      a.   The Contractor is required to conduct his operation in accor dance with the Montana
           Forest Fire Regulations, Attachment E.

      b.   The cost of suppressing fires caused by negligence or fault in the Contractor's
           operation shall be borne by the Contractor. The Contractor shall also be liable for
           property and resource damage resulting from these fires.

13.   WORK PROGRESS AND CONTRACT PERFORMANCE

      a.   Before starting work, the Contractor shall request of the Contract Supervisor a pre-
           work conference to discuss the Contract Agreement terms, project description, and
           work schedule.

      b.   The Contractor shall begin work as specified by the Contract Supervisor at the rework
           conference. Each task must be satisfactorily completed before starting work on
           another unit, unless approved by the Contract Supervisor.

      c.   The State may terminate the Contract Agreement, in whole or in part, by written notice
           in any one of the following circumstances:

           1) Failure of the Contractor to perform any of the provisions of the Contract
              Agreement.

           2)   Failure of the Contractor to correct unsatisfactory per formance or work within five


                                                17
                 (5) days after it has been brought to the Contractor’s attention.

            3)   Failure of the Contractor to make satisfactory progress in order to be able to
                 complete the work within the Contract Agreement period.

14.    CONTRACT AGREEMENT ADMINISTRATION

       a.   The Contract Supervisor will administer the Contract Agreement as required in all
            specifications.

       b.   Disputes between the Contract Supervisor and the Contractor will be resolved by
            DNRC.

       c.   The Contract Supervisor has the following authority in addition to that delegated in
            other portions of the Contract Agreement:

            1)   Decide questions of fact arising in regard to the quality and acceptability of
                 equipment to be used, materials furnished, and all work performed.

            2)   Make recommendations for payment.

15.    PAYMENT AND COMPLIANCE

       a. If work fails to meet contract specifications, payment may be with held. The Contractor
             shall, at no additional expense to the State, correct unsatisfactory work. In the event
             the contract is terminated for unsatisfactory performance, payment will be made as set
             forth in Division A, 15, paragraph C, for work satisfactorily completed.

      b.    If the original inspection results are unacceptable to the Contractor on either a completed
            or partially completed task, one re-inspection may be requested in writing. The Contract
            Administrator and the Contractors' Representative shall determine the accuracy of the in-
            spection. The results of the second inspection will be used in determining payment. If the
            second inspection results fall below the acceptable limit, the Contractor shall pay the cost
            of the re-inspection.

       c.   In the event that work is not completed and the State elects to terminate the contract
            as per paragraph Division A, 15, paragraph A, the amount of work success fully com-
            pleted will be determined by the State and the cost of such determination deducted
            from the Contractor's payment.


16.    CONTRACTOR AND STATE OBLIGATIONS

       a.   The Contractor will furnish all labor, equipment, supervision, transportation, materials,
            and incidentals necessary to satisfactorily complete the Contract Agreement, including
            all safety equipment required by current laws and regulations.

       b.   DNRC shall furnish:

            1)   A Contract Supervisor to acquaint the Contractor with the work to be performed
                 and conduct periodic field inspections.



                                                  18
           2)   Copies of State administrative and area maps.

           3)   Other items as per the individual Contract specifications.

17.   CONTRACT AGREEMENT EXTENSIONS AND MODIFICATIONS

      a.   If, due to circumstances (e.g. rain, snow, fire, etc.) beyond the control of the
           Contractor, the work cannot be completed within the Contract Agreemen t period,
           DNRC may grant an extension of time if the State’s best interests will be served. Such
           extensions must be in writing and signed by both parties.

      b.   The State of Montana reserves the right to assess liquidated damages in the amount
           of $200.00 per calendar day on the amount of the Contract Agreement price for failure
           to comply with the conditions of award indicated in the bid. This sum may be deducted
           from Contractor’s payment for failure to deliver/perform as specified. No premium will
           be awarded to the Contractor for
           delivery/performance in advance of the specified time.

18.   Access and Retention of Records

      The Contractor agrees to provide the Department, Legislative Auditor or their authorized
      agents access to any records necessary to determine if the contract has been complied
      with. (Reference 18-1-118, MCA).




19.   Hold Harmless/Indemnification

      The Contractor agrees to indemnify the state, its officials, agents, and employees, while
      acting within the scope of their duties as such, harmless from and against all claims,
      demands, and causes of action of any kind or character, including the cost of defense,
      arising in favor of the Contractor’s employees or third parties on account of bodily or
      personal injuries, death, or damage to property arising out of services performed, goods or
      rights to intellectual property provided or omissions of services or in any way resulting from
      the acts or omission of the Contractor and/or its agents, employees, subcontractors or its
      representatives under this agreement, all to the extent of the Contractors negligence.

20.   Venue

      This contract is governed by the laws of Montana. The Parties agree that any litigation
      concerning this bid, proposal or subsequent contract must be brought in the First Judicial
      District in and for the County of Lewis and Clark, State of Montana and each party shall pay
      its own costs and attorney fees. (Reference 18-1-401, MCA).

21.   1% Gross Receipts Withholding Tax - Does Not Apply

22.   Contract Term



                                                19
      The contract term is for the period beginning on the date of award and ending December
      31, 2011.

23.   Rejection of Bids.

       While the DNRC has every intention to award a contract as a result of this IFB, issuance of
      the IFB in no way constitutes a commitment by the DNRC to award and execute a contract.
      Upon a determination such actions would be in its best interest, the DNRC in its sole
      discretion, reserves the right to:

      Cancel or terminate this IFB (18-4-307, MCA);

      If awarded, terminate any contract if the DNRC determines adequ ate state funds are not
      available (18-4-313, MCA).




                                               20
DIVISION B - TECHNICAL SPECIFICATIONS

1.    CONTRACT PERIOD: April 1, 2011 through December 31, 2011.

2.    GENERAL SPECIFICATIONS

      A. Performance Period

         1. Tree survival and growth are highly dependent upon pro per soil and weather
            conditions at the time of planting, and these conditions only prevail for a limited
            length of time. Therefore, it is important that the Contractor starts work promptly
            when conditions become suitable, and maintain progress at a rate, which will assure
            completion while conditions remain suitable.

         2. DNRC will issue a Notice to Proceed as soon as weather and ground conditions are
            favorable for planting and survival of the trees. Contractor will be expected to begin
            planting within five (5) days time after Contractor's receipt of the Notice to Proceed.

         3. Contractor shall notify DNRC's designated agent at least 48 hours before
            Contractor's reporting day and time from which said planting and related services
            will commence. At the time of notification, Contractor will also inform Contract
            Supervisor of the crew size(s), supervisor's(s'), name(s), place of lodging and
            estimated daily planting quantity.

         4. Contractor must be able to maintain the minimum operational rates of 20,000
            seedlings planted per day. In addition, the Contractor shall provide and follow a job
            specific production plan which will allow completion of planting during a suitable
            period, and which will allow a reasonable degree of flexibility to adjust to changing
            site and weather conditions.

         5. Multiple contract awards will not change the required performance period for each
            item. If multiple contracts are awarded to one bidder, the respective performance
            times will run concurrently, not consecutively. Work may be performed on each ite m
            in succession provided the required rate of progress is maintained.

      B. Location

         1. Treatment sites will be located on lands scattered throughout the Northwestern and
            Southwestern Land Offices as shown on the attached vicinity maps.

      C. Project Access

         1. For general access information see Vicinity and Location Maps (Attachments C and
            D).

         2. Use of motorized equipment other than hand-held equipment such as power saws
             and brush cutters will not be permitted off designated roads in the project area
             without approval of the Contract Supervisor.

         3. Area and Road closures will be described in the Detailed Unit Information and
             Specifications sent to the Contractor prior to commencement of work.



                                               21
        4. Walk-ins will be described in the Detailed Unit Information and Specifications sent to
           the Contractor prior to commencement of work.

     D. Salvageable Material

          1. No materials shall be salvaged from the project area without written approval from
            the Contract Supervisor.

     E. Detailed Unit Information and Specifications

            1. Detailed Unit Information and Specifications will be supplied to the successful
                bidder following award of bid.

     F. Organization and Conduct of Work

            1. Contractor must supply one (1) English-speaking non-production supervisor for
                each ten (10) workers at a specific site.

            2. Operations shall be performed in an organized, systematic manner. Operations
                with scattered crews within or between units shall not be permitted except as
                necessitated by on-the-ground conditions and only when authorized by Contract
                Supervisor.

            3. Daily work hours will be between 6:00 am and 6:00 pm. Any substantial work
                outside of this time period must be agreed to in writing by the contract
                supervisor and contract representative.

3.   TECHNICAL SPECIFICATIONS

     A. Planting

            1. Scope of Work: This portion of the bid solicitation describes the technical
                specifications associated with the planting of tree seedlings on State Lands
                administered by the Northwestern and Southwestern Land Offices.

            2. Planting Stock Information: DNRC will supply all seedlings in a condition ready to
                plant. Container grown trees will be extracted and packed in plastic bags
                (approximately 15-25 to a bag) and placed in shipping containers by DNRC.

            3. Care and Handling of Seedlings: During transportation, storage, or at any other
                time tree seedlings are in the Contractor's possession, the following
                requirements for care and protection of tree seedling shall be adhered to:

                   a) Seedlings must be protected from drying, heating, smothering, freezing,
                       crushing, drowning, abrasion, rapid temperature fluctuation or contact
                       with injurious substances.

                   b) Seedlings stored in boxes, bags, or bundles must not be exposed to
                       direct sunlight. Punctured or torn bags or boxes must be promptly
                       resealed. Bundles, bags or boxes must be separated to provide free air
                       movement.



                                              22
       c) Seedlings shall not be removed from shipping containers until needed for
           preparation for planting.

       d) Seedlings that are frozen shall not be handled until completely thawed.
           Frozen trees will not be exposed to any heat, but rather, will be allowed
           to thaw under normal ambient conditions, as directed by Contract
           Supervisor.

       e) Seedlings in planting bags or trays shall have only their tops exposed.

       f) No tree shall be removed from the planting bag or tray until immediately
           before planting in a prepared hole.

       g) Seedlings shall be gently removed, one at a time, to prevent stripping or
           other injury and quickly and gently inserted into the planting hole.

       h) Seedlings carried in planting bags or trays shall not exceed the amount
           that can be carried and removed without injury or which can be planted
           before critical heating or drying occurs.

       i) Upon delivery of the daily planting quantity of trees by DNRC and
           acceptance of the trees by the Contractor, the Contr actor shall
           satisfactorily field store, handle, prepare and plant all trees within 24
           hours after acceptance, unless the Contract Supervisor notifies the
           Contractor that weather and ground conditions are unacceptable for
           tree survival. In such situations, the Contractor shall properly re-box and
           store all unplanted trees as directed by the Contract Supervisor.

       j) The Contractor shall not permit pruning, cutting, stripping, or shortening of
           the root system in any manner.

       k) Seedlings that may be cull or damaged in processing, shall be replaced in
           the original packaging and returned to the Contract Supervisor for
           inspection.

       l) Seedlings that exhibit signs of mold, dry roots, or evidence of injury or
           poor vigor shall be replaced in the original packaging and returned to
           the Contract Supervisor for inspection.

4. Spacing, Spot Selection and Protection:

       a) Spacing Requirements: Trees shall be planted in spots distributed over
           the area at the specified spacing, provided that for individual trees the
           average spacing may vary as much as fifty percent (50%) in any
           direction to locate a plantable spot. The specified spacing, however,
           shall be immediately resumed and the number of trees per acre shall not
           be increased or decreased by the method of selecting planting spots.
           No tree shall be spaced closer than fifty percent (50%) of the spacing
           requirement to another planted tree or acceptable established tree.

       b) Planting Spot Selection and Protection: Whenever possible within the tree
           spacing requirements, planting spots shall be selected in microsite


                                 23
           locations where stationary stumps, logs, dead brush, rocks or terrain
           features provide partial protection from wind, animals, moving debris
           and the midday to afternoon sun. The largest material or feature
           available is preferred as the protection source. The planted seedling
           shall be located on the north to east side and as close as possible to the
           stationary source of protection (Attachment B).

5. Plant Spot Preparation:

       a) Clearing: Before preparing the planting hole, the planter shall remove all
           surface debris down to mineral soil in a spot at least 6 inches in
           diameter. Debris to be removed includes grass, brush, duff, litter, rotten
           and charred wood, loose rock, ash, snow and surface frost. Areas
           requiring planting spot preparation to a depth of more than 6 inches will
           be designated unplantable. If the clearing can be done with a
           reasonable effort, the spot shall be considered plantable.

       b) Scalping: If required as a bid item for a specific planting unit, cut or s calp
           all vegetation, including roots, to a depth of 3 inches below soil surface
           and the size described in the Detailed Unit Information and
           Specifications. Woody vegetation larger than 1/2 inch in diameter at
           ground level will render the spot unplantable. The area will be planted, if
           a planter can work through the brush by spreading the stems aside or
           by working around or through the stems.

       c) Preparing the Planting Hole: Planting holes shall be located near the
           center of the prepared area and shall be oriented at an angle between
           perpendicular to the slope and true vertical. An open hole deep enough
           to fully accommodate the roots of the seedling to be planted is required
           when hand planting tools are used.

6. Tree Placement:(see Attachment A)

       a) Select only one (1) seedling from the planting bag after the planting hole
           is prepared.

       b) Depth of the planting hole shall be at least one (1) inch below the root
           mass.

       c) Seedlings shall be planted in the center of the hole, deep enough that
           about one (1) inch of soil can be placed on top of the plug, level with the
           surrounding soil surface.

       d) No foliage or branches shall be covered with soil.

       e) Plug growing media shall not be distorted or separated from the root
           system during the planting process. Where plug-growing media has
           slipped or fallen away, the seedling shall have soil come to a point even
           with or up to one (1) inch above the cotyledon scar of the seedling.

       f) Plant roots in a natural position. J or L rooting will be considered a
            misplanted tree.


                                  24
       g) Set treetop and roots at an angle between vertical and perpendicular to
           the slope. Trees with roots or top placement in excess of fifteen (15)
           degrees from the vertical plane or leaning into the slope will be
           considered misplanted.

       h) Fill hole with moist soil only. Foreign material, such as duff, litter, or
           debris, in the planting hole will be considered a misplanted tree.

       i) Firm soil around roots carefully; do not physically damage seedlings. Soil
            shall be filled in and firmed progressively so no loose soil or air pockets
            remain. Closing the planting hole by stepping on the ground next to the
            seedling will not be allowed unless approved by the Contract Supervisor.

       j) After the soil is firmed around the tree, it must be smoothed out to the
            level of the surrounding mineral soil surface.

7. Mixture of Species: The species to be planted will be detailed in the Detailed
   Unit Information and Specifications table to be supplied to the successful bidder
   following award of the contract. Where mixture of species is required, the
   Contractor will plant these mixtures in locations directed by the Contract
   Supervisor.

8. Planting Conditions:

       a) Planting operations will cease upon direction from the Contract
           Supervisor, when ground conditions are unacceptable for seedling
           survival and growth. Unacceptable conditions include, but are not limited
           to:

           ▪ frozen ground one (1) inch or deeper from the surface

           ▪ snow depths of two (2) inches or greater

           ▪ inadequate moisture in the top one (1) foot of soil



       b) Planting operations will cease upon the direction of the Contract
           Supervisor, when weather conditions are unacceptable for seedling
           survival and growth.

9. Planting Equipment:

             a) Hand tools: Hoe type hand tools, such as straight blade hoedag or
                "Rasmussen" concave blade are required. Minimum length of
                blade will be two (2) inches longer that the length of the root
                system of the stock type being planted. Actual length of blade
                shall be measured from the lower side of bracket to the tip of the
                blade. Shovel planting will also be acceptable.

               b) Planting bags. Planting bags shall be light color, shall not retain


                                   25
                              heat, shall have a minimum depth of 15 inches and shall be free of
                              defects or contaminants.

           10. General Precautions:

                   a) Plant only vigorous, healthy and dormant seedlings. All questionable
                       seedlings shall be brought to the attention of the Contr act Supervisor for
                       a determination of planting suitability.

                   b) Keep roots moist at all times.

                   c) Supervise crew closely on planting quality.

                   d) Follow weather and soil condition guidelines.


     B. Netting Installation and Maintenance

        1. Nets will be centered over the tree and placed in vertical position.

        2. The placement of the net will allow the terminal leader and/or all lateral branches
           that are protected by the netting to be in an upright position and treated so the
           leader is erect and free to grow within the net. If the terminal bud has grown
           through the net, gently pull it back into the tube so it’s free to grow. Treated trees
           with terminal or lateral growth forced downward by or twisted within the netting will
           be considered unsatisfactory on the inspection summary.

        3. Bamboo will be woven through the net three times and secured in the ground.

        4. Nets will be pulled up on trees whose terminal bud is flush with the top of the net.
           The net will be pulled up so it is 4 inches over the top of the terminal bud.

        5. Care should be taken not to damage the seedling or its root system as the tube is
           placed over it. A tree with skinned bark, broken terminal leader or terminal bud, or
           bud stripping is not acceptable and will be considered as unsa tisfactory on the
           inspection summary.

        6. Shading will sometimes have to be moved to install, maintain, or replace the net and
           will have to be repositioned after installation or replacement.

        7. The Contractor will be required to reuse any nets and bamboo on site that are still
           functioning properly.


4.   INSPECTION AND ACCEPTANCE

     A. Planting Inspection

           1. DNRC shall inspect the contract area and the work being done to determine
               whether the requirements of the contract are being met. DNRC will have
               Contract Supervisor on the site each weekday that work is in progress. In the
               event that a Contract Supervisor cannot be at the site on Saturdays, Sundays


                                              26
               or legal holidays, DNRC may require that operations cease until such time that
               Contract Supervisor is available. If it is found through these inspections that the
               Contractor is not meeting the requirements of the contract, the Contractor shall
               correct the deficiencies before any payments are made.

            2. Inspections will be made separately for each Unit.

                   a) To determine compliance, the Contract Supervisor shall systematically
                       sample the Unit by collecting data from a series of circular plots. Plot
                       size will vary depending on spacing. Minimum sample intensity will be at
                       least one percent of the planted acreage. Additional plots may be taken,
                       if necessary to improve the statistical reliability of the sample and , /or
                       determine the acceptability of the Unit. The plot data will be aggregated
                       and the aggregate applied to the appropriate Unit. Data from separate
                       Units will not be aggregated.

                   b) Inspection plots will include the following items:

                           1) Above ground inspection:

                           ▪ Number of plantable spots.
                           ▪ Maximum number of allowable trees.
                           ▪ Number of planted and acceptable established trees within the
                                    plot.
                           ▪ Spacing to other planted trees and acceptable established trees.
                           ▪ Planting spot selection.
                           ▪ Planting spot preparation.
                           ▪ Tree location.
                           ▪ Planting depth.
                           ▪ Stem position and damage.
                           ▪ Firmness.
                           ▪ Natural shade and protection.
                           ▪ Proper species.

                           2) Below Ground Inspection:

                                   ▪ Planting hole orientation.
                                   ▪ Root configuration and orientation.
                                   ▪ Altered root length and damage.
                                   ▪ Foreign material in planting hole.
                                   ▪ Air pockets or loose soil.

                   c) The maximum number of allowable trees on each plot will be
                   determined from the following table. Trees in excess    of the maximum
                   number of allowable trees on the plot will be tallied and charged as excess
                   trees.


Average                             Average                                Average
Plantable         Maximum           Plantable           Maximum            Plantable        Maximum
  Spots            Trees              Spots              Trees               Spots           Trees


                                              27
1               2                   9                  11                  17                   20
2               3                   10                 12                  18                   22
3               4                   11                 13                  19                   23
4               5                   12                 14                  20                   24
5               6                   13                 16                  21                   25
6               7                   14                 17                  22                   26
7               8                   15                 18                  23                   28
8               10                  16                 19                  24                   29



             d) The number of trees to be dug for below-ground inspection is as follows:


            Number of Satisfactory Trees                Minimum Number
            Planted above Ground on Plot                   to be Dug

                             1                                    1
                           2–6                                    2
                           7–9                                    3
                          10 – 12                                 4
                          13 plus                                 5

    3. Acceptance and Rework:

             a) Satisfactory Work. When inspection results are greater than or equal to
                 90%, the work will be considered satisfactory and acceptance will be
                 made.

             b) Rework and Reinspection After Rework.

                     1) Any unit, which is planted at less than 90% planting quality is
                         unacceptable and may be rejected. For these areas DNRC may:

                              (a) Accept the work at a reduced price (Division B, 5.B.4),

                              (b) Require the area to be reworked at no additional
                                  expense to the DNRC, or

                              (c) Reject the work in its entirety. If the planting quality is
                                  unacceptable, the Contractor's right to proceed is
                                  subject to immediate termination for default.

                      2) The Contractor's requests to rework an area will be permitted only


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                         if planting stock is available and the Contract Supervisor deems
                         rework reasonable and prudent.

             c) Reinspection Upon the Contractor’s Request. If the original inspection
                 results are unacceptable to the Contractor and a second inspection is
                 requested without rework, the same inspection procedure will be used.
                 However, the inspection pattern will be shifted.

                     1) If the second inspection shows less than 5 percentage point
                          improvement from the first inspection, the Contractor shall pay
                          the cost of the second inspection, and the result of the first
                          inspection will be used in determining payment.

                     2) If the first inspection result made the work unacceptable and the
                          second inspection result made the work acceptable; then the
                          work will be considered acceptable and the payment made on
                          the second inspection results. Requests for reinspection must
                          be made in writing.

                     3) Any inspection needed due to the Contractor reworking an
                        area, either at the Contractor's request or because of
                        unacceptable work, shall be at the Contractor's expense.


B. Netting Inspection and Acceptance

      1. DNRC shall inspect the netting maintenance units and the work
         being done to determine whether the requirements of the contract are being
         met. If it is found through these inspections that the Contractor is not meeting
         the requirements of the contract, the Contractor shall correct the deficiencies
         before any payments are made.

      2. To determine compliance, DNRC’s agent shall systematically sample the netting
         unit by collecting data from a series of circular plots. Plot size will vary
         depending on spacing. Minimum sample intensity will be at least 1 percent of
         the planted acreage. Additional plots may be taken, if necessary, to improve
         the statistical reliability of the sample and/or determine the acceptability of the
         netting unit. The plot data will be aggregated and the aggregate applied to the
         appropriate netting unit. Data from separate netting units will not be
         aggregated.

      3. Plots will be inspected for:

             a) Total number of seedlings requiring maintenance

             b) Total number of seedlings satisfactorily maintained.

             c) Wasted Materials

      4. Netting quality computations:

         After all plots have been taken and recorded on a unit, the quality of work will be


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             computed by the following formula:

             Quality %= Total number of satisfactorily maintained trees x 100
                         Total number of trees requiring maintenance

             All computations will be carried to at least thousandths (.000) and the final
             percentage of quality will be rounded to the nearest whole percent.

          5. Re-inspection Upon Contractor’s Request: If the original quality assurance
             inspection results are unacceptable to the Contractor, a re-examination may be
             requested. The results must be submitted within 5 calendar days after receipt
             of the initial inspection results, be in writing and contain documentation that
             supports the probability that an error exists. If the re-inspection is granted by
             DNRC, the same inspection procedure will be used with new plots being
             selected that do not overlap previously inspected plots. The Contractor will
             bear the cost if the re-inspection results in an equal or lower netting quality
             percentage.

          6. Rework:

                 a) If the quality of work falls between 80%-90%, the Contractor will be
                      notified and will be given the option to rework the unit or accept a
                      reduced payment. If accepting a reduced payment, there shall be a 1%
                      reduction from the bid rate per net for each percent less than 100%. For
                      example: unit netting quality is 89%, required is 90% - there is an 11%
                      (100 - 89) reduction in the bid-rate per net.

                 b) When quality of netting maintenance falls below 80%, DNRC will require
                    rework. Rework must be completed within 10 calendar days of
                    notification of quality of work being below 80%. The Contractor will be
                    allowed to rework a given unit only once.

                 c) If, after completing one reworking of a netting unit, the quality of work
                    falls below 80%, the Contractor shall receive no payment for that netting
                    area.

                 d) Any inspection needed due to the Contractor reworking an area, either
                    at the Contractor’s request or because of unacceptable work, shall be at
                    the Contractor’s expense.

5.   MEASUREMENT AND PAYMENT FOR TREE PLANTING

     A. Measurement

          1. The acreages were measured on a horizontal plane with the established
              boundaries.

          2. Acres Re-measurement: For operations where the payment is based on a per
              acre price the Contractor may at any time after award request re-measurement
              of any treatment area. The request must be made in writing. Re -measurement
              will be made within the established boundaries.



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                   a) If re-measurement indicates a variance of 5 percent or less in the
                        acreage stated in the Detailed Unit Information and Specifications the
                        Contractor shall pay for the actual cost of re-measurement and no
                        adjustment will be made.

                   b) If re-measurement indicates a variance greater than 5 percent in the
                        acreage stated in Detailed Unit Information and Specifications, payment
                        will be based on the re-measured acreage and the DNRC will pay for the
                        re-measurement.

     B. Calculation of Payment

           1. Payments shall be based on the combined IFB price for all concurrent operations
               times the number of trees planted based on delivered count, minus adjustments
               for planting quality, excess trees, wasted trees, wasted material and cached or
               hidden trees. Payment will be calculated separately for each planting unit.

           2. Planting quality shall be computed from the aggregated data for each planting
               unit as follows:

           # satisfactory trees above ground x # satisfactory trees below ground x 100
           Actual number of plantable spots          Number of trees dug

              Planting quality computations shall be rounded to the nearest whole percent.

           3. If planting quality is equal to or greater than 90%, payment shall be at the IFB
                price per tree times the number of trees planted based on delivered count, less
                penalties for excess trees, wasted trees, wasted material and cached or hidden
                trees.

           4. If planting quality is between 80 percent and 90%, there shall be a 1% reduction
                from the bid rate per tree for each percent less than 100%. For example: unit
                planting quality is 89%, required is 90% - there is an 11% (100 - 89) reduction
                in the bid-rate per tree. Penalties will be levied for excess trees, wasted trees,
                wasted material and cached or hidden trees.

           5. If planting quality is less than 80 percent, there shall be no payment.

           6. The penalty for excess trees planted shall be computed from the aggregated
               data for each planting unit as follows:

Total excess trees from plots X #trees planted in unit(from delivered count) X $.50 per
             tree
Total trees planted from plots

           7. The penalty for wasted trees shall be $1.00 for each wasted tree and $10.00 per
               tree for each cached or hidden tree observed during inspections of the payment
               unit and the contract area. Wasted, cached or hidden tree penalties will be
               charged against the first payment following a wasted, cached or hidden tree
               observation. Penalty will be tabulated using the total wasted, cached or hidden
               tree tally since the last payment. Discovery of cached trees shall be grounds for
               immediate termination of the Contract.


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             8. Failure to plant the minimum of 20,000 trees, will result in a $200.00 per day fine
                 for each day the minimum is not attained.

             9. When, in the opinion of Contract Supervisor, access to a treatment Unit is not
                 available through conventional motorized transportation (for example the roa d is
                 snowed in or too muddy), Contract Supervisor may offer the Contractor the
                 option of walking to the treatment Unit.

                     Where walk-ins are greater than 1/8 mile, payments will be made in
                     increments of 1/4 mile intervals per trip to the treatment unit, as shown in
                     the example below:

                     a) 1/2 mile (two 1/4 mile distances) to the nearest point on the treatment
                         unit, 10 employees, 2 trips to the treatment unit per employee, Unit Price
                         = $1.00:

                     b) Formula:

                     (Number of ¼ mile distances) X (unit walk-in price) X (number employee
                     trips)

                     (2) X ($1.00) X (2 X 10) = $40.00

                     Contractor will be expected to pack a full load of supplies (seedlings, nets,
                     etc. when paid for the walk-in

             10. Payments will be made within 30 work days after acceptance of each planting
                 unit, provided the Contractor has complied with all the terms of the contract.



DIVISION C - BIDDING INSTRUCTIONS

1.    BID PRICE

      a.   Bidder shall submit his bid price for the services requested on the bid forms at the
           front of this Invitation for Bid. The payment shall not exceed the bid amount listed on
           the bid form.

      B.   Bid price shall include all services to be provided under the terms of the Contract
           Agreement.

2.    AWARD STATEMENT

      Award will be made to the responsible offerer with the lowest Total Bid Price for the project.




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