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					                                          STATE OF MONTANA
                                        LIMITED SOLICITATION
                               Department of Natural Resources & Conservation
                                               1625 11th 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)          Solicitation No: LS #115240 CSO
                                                    Solicitation Title:
                                                    Buffalo Jones Pre-Commercial Thinning


                                                         Pages: 1-37, Including Attachments A through G

SOLICITATIONS will be received and publicly opened Issued by:
at 2:00 p.m. on: 12/17/10.

                                                           Gary Oesterreich
This solicitation is offered with funding from the American Recovery and Reinvestment Act of 2009, commonly known
as the Economic Stimulus Act, and is contingent upon receipt of the funds required for the project.

      MARK FACE OF SOLICITATION ENVELOPE UNDER YOUR RETURN ADDRESS WITH THE
                                     FOLLOWING:
                                       Sealed Bid
                                    LS # 115240 CSO
                                  Bid Opening: 12/17/10.

IF NO SOLICITATION RESPONSE..............(check one                                   NOTE:
below)
  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 disqualification and possible debarment.

AMERICAN RECOVERY AND REINVESTMENT ACT: This contract is automatically canceled if
federal funds under the American Recovery and Reinvestment Act of 2009, Public Law 111-5,
are not appropriated or otherwise made available to support the contract‘s commencement or
continuation of performance.

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

                                                  2
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, 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 explanation
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 using 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 damage 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.


                                                  3
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 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/procurement/preferences.asp.

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 attorney 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.


                                                   4
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 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 material 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 herein are specified solely for the
purpose of indicating standards of quality, performance, and/or use desired. Exceptions will be
rejected.

                                                                             ARRA Standard Ts&Cs 5/09



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 D).




                                                  5
                                    TABLE OF CONTENTS

INTRODUCTION                                                                           Page 8

PROSPECTUS                                                                             Page 9

BID SHEET                                                                              Page 10

DIVISION A - GENERAL REQUIREMENTS                                                      Page 11

DIVISION B - SPECIFICATIONS AND REQUIREMENTS.                                          Page 19

DIVISION C - BIDDING INSTRUCTIONS                                                      Page 22

ATTACHMENTS:

ATTACHMENT A – VICINITY MAP                                                            1 Page

ATTACHMENT B – ACCESS MAP, UNIT MAP                                                    2 Pages

ATTACHMENT C – FIRE REGULATIONS                                                        3 Pages

ATTACHMENT D – INDEPENDENT CONTRACTOR WORKSHEET                                        1 Page

APPENDIX E – Certifications and Assurances                                             3 pages

APPENDIX F – ASSURANCES - NON-CONSTRUCTION PROGRAMS                                    2 pages

APPENDIX G – U. S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions
                                                                                 2 pages


The funds to be disbursed under this LS were awarded to DNRC under ARRA project WFM-
0156-02, titled the ―Northwest Montana Forest Pest Management‖ and Forest Service Recovery
Act Agreement number 09-DG-110182B1-024 and Catalog of Federal Domestic Assistance
(CFDA) number 10.688. Disbursement of these federal funds requires Contractor to certify, and
Contractor's signature of this LS represents its certification to all assurances in Appendix E,
attached here to and incorporated herein by reference.

Contractor shall also abide by all certifications and assurances set forth in Federal Forms SF-
424B, ―Assurances – Non Construction Programs;‖ and AD-1048, ―Certification Regarding
Debarment, Suspension, Ineligibility & Voluntary Exclusion,‖ both forms having been signed by
Contractor, attached hereto, and incorporated herein by reference as Appendix F and Appendix
G.




                                               6
Contract Contingent on Funding. This contract is automatically canceled if federal funds
under the American Recovery and Reinvestment Act of 2009, Public Law 111-5, are not
appropriated or otherwise made available to support the contract‘s commencement or
continuation of performance.


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 LS # (115240 CSO). Bids must be
received at the receptionist’s desk of the DNRC Procurement Bureau prior to 2:00 PM, on
12/17/10. All prices and notations must be printed in ink or typewritten. Errors should 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 LS
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 correct bid to the DNRC prior to the final
award by the DNRC.




                                                7
                                          INTRODUCTION

The Department of Natural Resources and Conservation (DNRC) is soliciting bids for non-
commercial thinning on the Plains Unit. An award will be made to the vendor with the lowest
Total Bid Price (TBP) for the following thinning: Buffalo Jones PCT. A 25% performance bond
will be required on the project. This thinning must be completed by November 30, 2011.

Bidders requiring clarification or interpretation of any section or sections contained in this LS 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, LS #115240 CSO
                                        PO Box 201601
                                    Helena, MT 59620-1601
                                      FAX 406-444-2684
                                     Phone: 406-444-5759
                                  E-mail: goesterreich@mt.gov

Each bidder submitting written questions must clearly address each question by reference to a
specific section, page and item of this LS. An official written answer will be provided to all
questions received by 2:00 p.m. on 12/1/10. 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 12/3/10.

Any interpretation, correction, or change of this LS will be made by written Addendum.
Interpretations, corrections or changes of this LS 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




                                                  8
PROSPECTUS

1.   Name of Project:

     Buffalo Jones Pre-Commercial Thinning

2.   Project Description:

     The project is a non-commercial thinning of mixed conifer species up to six inches DBH.
     Thinning will be accomplished by use of chainsaws.

3.   Timetable:

     Anticipated starting date:  Upon Award
     Project completion deadline: November 30, 2011


4.   Ground Conditions:

     Thinning unit is located within previously harvested units of a timber sale completed in
     1985. Ground slope varies from 5 - 25% with aspects of N to E. Soils are not rocky and
     there is road access to the unit. The project area is behind a locked gate. Contact
     Kyle Johnson at the Plains Unit (406)826-4725 for access information.


5.   Stand Conditions and Description of Cutting:

     Regeneration resulting from previous harvest activity has become overstocked in the
     units creating a need for thinning to maintain stand health and optimum growth potential.
     Trees less than 6 inches DBH will be cut. A combination of DBH limit and stem spacing
     (as described in Division B) will be utilized. Western larch, ponderosa pine, Douglas-fir
     and lodgepole pine are the primary preferred leave tree species.

     Using the data provided listed in: Division B, Project Specifications, the contractor can be
     expected to fell, by use of chainsaw, approximately 1,650 – 1,750 trees per acre.

6.   Bids:

     Please read the bid solicitation before completing the enclosed bid form.




                                              9
                                                                            Bid LS #115240 CSO

                             STATE OF MONTANA
             DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
                                 BID FORM


PROJECT NAME: Buffalo Jones PCT

BIDDERS NAME: _____________________________

BIDDERS SIGNATURE_________________________


       Project       STR        UNIT      ACRES      BID/ACRE       BID/ACRE X ACRES

                     S22
        Buffalo     T21N,         1         210      $________     $_____________
        Jones       R26W                             __
         PCT


                                  TOTAL BID PRICE (TBP)
                                                                    $____________

Award will be made for the lowest Total Bid Price.

This project is located in S22, T21N, R26W. Access is via the Jones Ranch Rd. from the Little
Thompson County Road. (See Attachment A, Vicinity Map and Attachment B, Thinning Unit
map).

The project area is behind a locked gate. Contact Kyle Johnson at the Plains Unit
(406)826-4725 for access information.

Prospective bidders are urged to examine the project area and Contract Agreement prior
to submitting a bid. For access information, contact Kyle Johnson at the Plains Unit Office,
P.O. Box 219,124 Airport Road, Plains MT 59859 or telephone (406) 826-4725.

Return the completed bid form to the address on the Limited Solicitation.




                                               10
                            STATE OF MONTANA
            DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION


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

PROJECT NAME: Buffalo Jones Pre-Commercial Thinning

LAND OFFICE: Northwestern Land Office

DIVISION A - GENERAL

1.    DEFINITIONS AND TERMS

      Attachments: The attached project descriptions, maps, and other labeled references are
      a part of this Contract Agreement; 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 Agreement, other than DNRC.

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

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

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

      Average Spacing: The average distances between all leave trees necessary to provide
      the desired number of leave trees per acre.
      Crown Spacing: The horizontal distance from the widest part of the crown of one leave
      tree to the widest part of the crown of the next leave tree.

      DBH: Diameter breast height - The diameter of the stem measured at a point 4-1/2 feet
      above the ground level on the uphill side of a tree.

      Damage: Includes defect or deformity of a tree resulting from wind, snow, animals,
      insects, diseases, equipment, etc., and shows evidence of dead or broken tops or trunks,

                                              11
     crooks, deep scars, or damage to bark where it is removed from more than 25% of the
     tree circumference, etc.

     Excess Trees: Uncut trees, which should have been cut, that do not meet specifications.
     Trees not severed from the stump, hang-up trees, stumps with live limbs, trees not
     girdled or not girdled properly (if required) are also considered excess trees.

     Girdling: A cut penetrating through the bark and cambium tissue, completely encircling
     the tree stem, for the purpose of killing the tree.

     Hang-up Tree: Any cut tree suspended more than 3 feet off the ground.

     Hand Pruning: Removal of branches with hand pruning shears flush with the branch
     collar.

     Leave Trees: Any tree that is selected or required to be left standing as provided in the
     specifications. A leave tree may also be referred to as a crop tree.

     Lopping: Cutting limbs from stems of trees.

     Minor Damage: Crooks in the stem which are offset less than three (3) inches from the
     long axis and within 13 feet of the ground, forks, broken tops, or bark damage extending
     less than 25% of the circumference of the tree.

     Missing Leave Trees: Cut trees that should have been left.

     Restricted Road: A road in which motorized vehicle use is restricted seasonally or year-
     long by a physical obstruction (generally a gate).

     Slash: Limbs and stems of downed trees.

     Stem Spacing: The horizontal distance from the stem of one leave tree to the stem of
     the next nearest leave tree.

     Strap: That portion of a felled tree that is still attached to both the tree and the stump.

2.   COLLUSION PROHIBITED

     The signature on the bid guarantees that the prices quoted have been established
     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


                                               12
          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.

5.   INSURANCE

     Compliance with Worker’s 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.

     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.
     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

                                              13
       or subcontractors.


       Additional Insured Status. The State, its officers, officials, 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 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 and 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 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 – Does Not Apply

7.     BID SECURITY - Does Not Apply

8.     CONTRACT AGREEMENT SECURITY

The Contractor must provide contract performance security based upon 25% 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

                                                 14
(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 federally 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 deposit 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 State.
(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.)

                                                                                Revised: 07/07/05
9.     SUBCONTRACT AGREEMENT

       a.   The Contractor shall not, without written approval from the contract Supervisor, enter
            into any subcontract relating to the performance of the contract.

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

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.



                                                15
11.   MINIMUM REQUIREMENTS – Does not Apply

12.   FIRE PROTECTION

      a.   The Contractor is required to conduct his operation in accordance with the Montana
           Forest Fire Regulations, Attachment C.

      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 pre-
           work 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, 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.

           2)   Failure of the Contractor to correct unsatisfactory performance or work within 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 period.

14.   CONTRACT AGREEMENT ADMINISTRATION

      a.   The Contract Supervisor will administer the Contract 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:

           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.



                                               16
15.   PAYMENT AND COMPLIANCE

      a.   The minimum acceptable standard for satisfactory work is 90%. If the minimum
           acceptable standard falls below 90%, the State will inform the Contractor in writing.

      b.   If work fails to meet Contract specifications, payment will be withheld for the unsatis-
           factory work. If applicable, 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.d. for
           work satisfactorily completed.

      c.   If the original inspection results are unacceptable to the Contractor on either a com-
           pleted or partially completed task, one re-inspection of the inspection plots may be
           requested in writing by the Contractor. The Contract Supervisor and Contract
           Representative shall together revisit the inspection plots to determine the accuracy
           of the inspected plots. 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.

      d.   Upon request by the Contractor, up to 4 partial payments may be made. In the
           event that work is not completed and the State elects to terminate the Contract
           Agreement, as per paragraph Division A.13.c., the amount of work successfully
           completed will be determined by the State, and the cost of such determination will
           be 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. The Contractor shall notify DNRC's Contract Supervisor at least 48 hours before Contractor
          commences any field work in the project area. Contractor shall also inform Contract
          Supervisor of the crew size, supervisor(s), name(s), place of lodging and estimated daily
          WORK RATE.

      c.   DNRC shall furnish:

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

           2)   Copies of State administrative and area maps.

           3)   Other items as per the project description.




                                               17
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 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 $50.00 per calendar day on the amount of the Contract 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).




                                               18
DIVISION B - TECHNICAL SPECIFICATIONS

1.      PERFORMANCE PERIOD: Operations may begin immediately following award of
        contract. Operational season will be determined by weather and conditions of road
        accessing the project areas. All work is to be completed by November 30, 2011.

2.      UNIT SPECIFICATION AND STAND CONDITIONS

        a.   The current stand conditions are shown in the following tables:

     UNIT           STR       ACRE        SLOPE             DBH      HEIGHT         EXISTING
                                S         PERCE          (INCHES)*   (FEET)*         TREES
                                            NT                                     PER ACRE **
                    S22
       1           T21N         210       5 - 25%          < 6in.        > 4 ft.      1,700
                   R26W

        * -DBH and Height are for crop trees
        **-Average # of total stems per acre greater than four feet in height.

        b.   Boundaries: Unit boundaries are marked with yellow glow ribbon. All unit
             boundaries were traversed and acreage determined using the Global Positioning
             System (GPS).

3.      THINNING REQUIREMENTS

        The Contractor will, by use of chainsaw, thin trees in units shown in Attachment B. The
        Contractor will progress at a rate that indicates all required work be accomplished within
        the performance period. Thinning will be accomplished according to the following
        specifications:
        a. General specifications: Only conifer trees taller than 3 foot in height and less than 6
            inches DBH shall be cut to achieve the required target stocking. Requirements
            specific to each project are shown in Table 4.



              TABLE 4 – REQUIREMENTS SPECIFIC TO THE PROJECT AREA

                                                     TARGET STOCKING                AVERAGE
        PROJECT                    UNIT              TREES PER ACRE**               SPACING*
                                      1                      200 - 300              12 - 15 feet
     Buffalo Jones PCT


* - The average stem spacing should vary so that the best trees are retained. Two or more
sides of the crown of the leave tree should have a minimum of 6 feet of open-air space
between itself and the tips of other tree crowns.

                                                    19
   b.   Selection criteria:

        The best trees of each species will be retained as leave trees in all units.

        1)   Indicators of desirable leave trees are:

             a)   straight stems
             b)   small branch diameter
             c)   good crown coloration
             d)   good crown form
             e)   good crown ratios (> 60%)
             f)   freedom from insects, diseases, and physical and mechanical damages
             g)   vigorous annual growth
             h)   species preference

        2)   Indicators of undesirable trees are:

             a)   multiple tops
             b)   poor crown ratios (< 60%)
             c)   poor crown form and coloration
             d)   crook or sweep in boles
             e)   dead or broken tops
             f)   large branch diameter
             g)   presence of insects, diseases, or physical or mechanical damages
             h)   suppression
             i)   poor annual growth

             These indicators shall determine the trees to be cut; slight defects may be
             acceptable for a leave tree if it is the best selection within a competitive group.

   c.   Species Preference

        When selecting between individual trees with similar indicators of quality, the
        following order of preference will be used:

             a) Western larch (Larix occidentalis)
             b) ponderosa pine (Pinus ponderosa)
             c) Douglas-fir (Pseudotsuga menziesii)
             d) Lodge pole pine (Pinus contorta)
             e) Grand fir (Abies grandis)

4. FELLING REQUIREMENTS - All Projects:

   a.   Cut trees shall be completely severed from the stump. No hang-up "straps" will be
        permitted.

   b.   All felled trees shall be severed below the lowest live limb.




                                             20
     c.   The maximum stump height shall be 6 inches above ground level, as measured on
          the uphill side of a tree.

     d.   Cut trees shall be felled parallel to each other and not criss-crossed or jack-strawed.

     e.   Cut trees shall be felled away from unit boundaries, roads, established trails, wildlife
          trails, fence-lines, established land corners, and streams. Any trees felled on such
          areas shall be removed.

     f.   Dead standing trees shall not be cut.

     g.   Bearing, section-line, or trail-blazed trees shall not be cut.

5.   SLASH REQUIREMENTS - All projects:

     a.   Thinning slash shall be confined within unit boundaries.

     b.   Thinning slash shall be removed from all roads, adjacent cut-and-fill slopes, and
          ditches.

     c.   Thinning slash shall be bucked and limbed to within 18 inches of the ground for a
          distance of 33 feet from the unit boundary.

     d.   Thinning slash shall be removed from all ephemeral and intermittent stream
          channels and wet areas that carry seasonal water.

     e. The Contract Supervisor may approve salvage of thinning slash.


6.   CAMPING - All Projects:

     Camping is not permitted on State land without prior written approval of the Contract
     Supervisor and the conditions which DNRC may impose.

7.   INSPECTION AND ACCEPTANCE

     a.   DNRC shall make periodic inspections of the Contract Agreement area to determine
          that the requirements of the Contract Agreement are being met. If the Contractor is
          not meeting the requirements of the Contract Agreement, the Contractor shall
          correct the deficiencies before any payments are made. Inspections shall occur as
          often as deemed necessary by the Contract Supervisor.

     b.   The thinning will be checked for compliance to prescribed residual levels by sight
          estimate and/or 1/100-acre circular plots. If plots are taken to determine
          compliance, the minimum sample intensity shall be .5 plots per acre.

     c. Payment shall be based on the rates per acre for each payment unit as indicated on
          the bid sheet. Each thinning unit shall be considered a payment unit.



                                               21
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 Limited Solicitation. The payment shall not exceed the bid amount listed
          on the bid form.

     B.   Bid price shall include all services to be provided by the Contract Agreement or
          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.




                                             22
Attachment A        Vicinity Map




               23
Attachment B        Project Area Maps




               24
Attachment B        Project Area Maps




               25
Attachment C


                 FOREST FIRE RULES & REGULATIONS
These rules apply to all activities on all classified forest lands within Montana during the legal Forest Fire Season,
including any extension thereof (see 77-5-103(3), 76-11-101, 76-13-102(7), and 76-13-109 MCA). Reference also ARM
36.10.119 through 132.

Related State statute numbers are provided as a reference.

                                                 RULE I - DEBRIS BURNING

1.   The person conducting the burn shall obtain written authorization from the recognized fire protection agency before
     igniting any open fire during the legal forest fire season (required by 76-13-121 MCA). The recognized fire protection
     agency may deny, restrict, or rescind any authorization by notifying the person conducting the burn.

2.   All burning must comply with the Department of Environmental Quality or State/county/local open burning regulations.

3.   Written authorization is not required for campfires.


                                                    RULE II - CAMPFIRES

1.   Campfires cannot be left unattended and must be completely extinguished (see 76-13-123 MCA).

2.   All campfires must be constructed in cleared or bare areas, and not allowed to spread beyond the established ring, pit,
     grate, or container.

3.   Anyone igniting a campfire is required to have fire tools listed in Rule VIII (4).


                                       RULE III - RAILROADS AND POWERLINES

     Railroad and powerline companies are required to prepare and annually update working agreements with recognized fire
     protection agencies. These agreements must stress safety and fire response procedures; and identify, remove, prevent,
     modify, abate, or correct forest fire hazards and risks associated with railroad and powerline company operations (see 69-
     14-721 MCA).


                                                   RULE IV - EQUIPMENT

1.   All internal combustion engines must be equipped with an approved and effective spark-arresting system, as established in
     the National Wildfire Coordinating Groups Spark Arrester Guides. Spark-arresting devices must be marked, properly
     installed, and maintained in accordance with the Guides. The following vehicles are exempt:
     a.     automobiles and light trucks of less than 23,000 GVW when all exhaust gases pass through a properly installed and
            maintained exhaust system, baffle-type muffler, and tailpipe. Vehicles with glass-pack mufflers do not qualify for the
            exemption.
     b.     heavy-duty trucks of 23,000 GVW or greater, with a muffler and vertical stack exhaust system extending
            above the cab.
     c.     vehicles with other spark-arresting systems providing equal or increased effectiveness. Such vehicles must be
            inspected and have written authorization from the recognized fire protection agency.

2.   Equipment used for commercial, ranching, or industrial activities must meet the fire extinguisher and tool requirements
     listed in Rule VIII (5).

                                  RULE V - FLAMING AND GLOWING SUBSTANCES


                                                                26
1.    All flaming and glowing substances, including but not limited to, lighted cigarettes, cigars, ashes, and matches, must be
      extinguished before being discarded (see 76-13-124 MCA).

2.    Smoking is allowed only at areas free of flammable or combustible material. Examples of these areas include a graveled
      road or an enclosed vehicle.


                                                    RULE VI - FIREWORKS

      Use of fireworks is prohibited on all classified forest lands unless written authorization is obtained from the recognized fire
      protection agency. Authorization will only be considered between June 24 and July 5, inclusive, to coincide with the legal
      dates for the sale of fireworks in Montana (see 50-37-106 MCA).


                                       RULE VII - WILDLAND/URBAN INTERFACE

1.    County governments without subdivision wild-fire protection standards are encouraged to establish standards for all new
      subdivisions by January 1, 2000.

2.    The Fire Protection Guidelines for Wild-land/Residential Interface Development (DSL/DOJ, 1993) is available for use to
      assist counties in the development of standards.


                           RULE VIII - FIRE EXTINGUISHERS AND FIREFIGHTING TOOLS

1.    Chainsaw operators shall carry a fully charged and operable fire extinguisher, minimum-capacity 8-ounce liquid or 1-
      pound dry chemical, with a 4BC or higher rating.

2.    Vehicles and equipment, mobile or stationary, with a combustion engine/motor used for commercial, ranching, or industrial
      activities must have one operable, dry-chemical fire extinguisher with a minimum 2-1/2 -pound capacity and 4BC or higher
      rating.

3.    Chainsaw operators shall maintain one usable shovel at chainsaw-fueling sites.

4.    All persons or parties igniting a campfire shall have one usable shovel and bucket. Persons igniting a barbecue need not
      have a shovel or bucket if the ashes are not removed from the container and the ashes or container are not placed on or near
      combustible material.

5.    All commercial, ranching, or industrial activities must have:
      a.    one usable shovel or pulaski with each vehicle and equipment with an internal combustion engine/motor, mobile or
            stationary.
      b.    one backpack pump with each vehicle and with any equipment, used off road, mobile or stationary, with an internal
            combustion engine/motor, that cannot be used to build fireline and is being operated on combustible material.

6.    Other types of firefighting tools that provide increased efficiency or effectiveness may be substituted by written
      authorization from the recognized fire-protection agency. For example, a combi firefighting tool may be substituted for
      a shovel or pulaski.


                                      RULE IX - FOREST ACTIVITY RESTRICTIONS

In areas designated by public proclamation by the administrator, division of forestry, as areas of high fire hazard, the
administrator may request all persons, firms, or corporations present or engaged in any activity in the areas to voluntarily cease
operations or to adjust working hours to less critical periods of the day. In the event such a request is refused, the administrator
may issue a written order directing compliance.




                                                                 27
                                                 RULE X - FOREST CLOSURE

1.    During periods of dangerous fire conditions, no person may enter or be upon those forest lands designated by public
      proclamation by the governor of the state of Montana as areas of dangerous fire hazard except under written permit issued
      by a recognized agency.

2.    Permits to enter upon such areas during the closure may be issued by the recognized agency upon a showing of real need
      by the applicant. Permits may be issued to those persons having actual residence as a permanent or principal place of
      abode in the forest lands designated or to persons engaged in non-fire hazardous employment.

3.    However, no permit may be required of persons engaged in either firefighting, fire prevention, or law enforcement who are
      engaged in official business.


              RULE XI - CORRECTION OF HAZARD AND UNUSUAL CIRCUMSTANCES OR EVENTS

The recognized fire-protection agency may require identified wild-land-fire hazards and/or risks be halted, prevented, abated,
removed, disposed of, mitigated, or patrolled. This applies to public, private, nonprofit, commercial, and/or residential
circumstances or events.
                                            RULE XII - REQUEST FOR REVIEW

If any operator believes that in his case any requirement of a recognized agency is excessive, the operator may request the
administrator, division of forestry, to review the requirements. If in the opinion of the administrator any or all are not necessary
in the interest of public safety, he may make such changes as he considers advisable.

                         RULE XIII - DEFINITIONS

Backpack Pump: 5-gallon minimum; standard galvanized metal, fiberglass, or
rubberized backpack water container with attached hand-pump; full of water at
all times.
Bucket: Metal, plastic, canvas, or fiberglass container capable of holding at
least one gallon of water. Motorcycle helmets qualify.
Campfire means a fire set for cooking, warming, or ceremonial purposes;
not more than 3 feet in diameter or height; void of overhanging branches; with
all combustible material cleared at least 1-1/2 times the diameter of the fire; or a barbecue in a noncombustible container.
Combi Tool: A tool combining a shovel and pick.
Fireworks: As defined in 50-37-101 MCA.
Forested Land: As defined in 76-13-102 MCA and 36.10.101 ARM.
Hazard: Condition that promotes the ignition and/or spread of a wild-land fire.
Open Fire: The burning of a bonfire, rubbish fire, or other fire in an outdoor location where fuel being burned is not contained
in a closed incinerator, or outdoor fireplace. Barbecue pits and burn barrels are considered open fires and therefore require a
burning permit (Rule I).
Pulaski: An ax with a medium size sharp grub hoe opposite the ax blade.
Recognized Fire-Protection Authority: An agency organized for the purpose of providing fire protection and recognized by the
board as giving adequate fire protection to forest lands in accordance with rules adopted by the board.
Risk: Action or device that could cause a wild-land fire to ignite.
Shovel: Vehicle, equipment, and chainsaw operator shovels will have a minimum overall length of 36 inches with a round
pointed shovel head with a minimum width of 6 inches. Shovels required for campfires must be at least 24-inches in length with
a pointed shovel head. Folding handles qualify.

                                                 RULE XIV - APPLICABILITY

The forest fire rules, Rule I through Rule XIII, (ARM 36.10.119 through 30.10.132) are in effect each year on classified forest
land during the forest fire season May 1st to September 30th inclusive, or any legal extension thereof. Requirements pertaining
to motor vehicles do not apply to those being operated solely on roads that are a part of federal or State maintained highway
systems or on any paved public road.




                                                                 28
                                                                                 ATTACHMENT D

                       INDEPENDENT CONTRACTOR WORK SHEET
                             PRE-CONTRACT APPROVAL

This project requires the contractor to meet the criteria of an “Independent Contractor”. In order
for a bid to be considered a qualified bid, the bidder must demonstrate that the contractor is
indeed an “Independent Contractor”. DNRC will utilize the information contained on this form to
make this determination.


Contractor/Business Name:__________________________

Contractor has workers compensation coverage: Yes___No___

Contractor has an approved Independent Contractor exemption: Yes___No___

Contractor’s Trade, Occupation, Profession, Or Business:_____________________

Contractor is currently performing work for others in
Contractor’s, Occupation, Profession, Or Business: Yes___No___

List two clients other than DNRC for whom you have performed the type of services contained in
this bid: (This information is not for a reference check)

Business Name:_________________              Contact Person:_________________

Business Name:___________ ______             Contact Person:_________________

Contractor files Federal or State business tax forms: Yes___No___

Contractor advertises its services in telephone books, newspapers, or other media, and obtains
insurance and business licenses: Yes___No___

Contractor Obtains Insurance And Business Licenses: Yes ___ No ___

Contractor Has A Place Of Business Other than
Contractor’s Residence: Yes ___ No ___



___________________________
Signature


                                               29
                                               Appendix E

     Certifications and Assurances - American Recovery and Reinvestment Act (ARRA) of 2009

The contract in which this appendix is referenced and incorporated will involve disbursement of federal
funds under ARRA project # WFM-0156-07, titled the ―Sanders County Fuels & Restoration & Stewardship
Projects‖ and Forest Service Recovery Act Agreement number 09-DG-110182B1-019 and Catalog of
Federal Domestic Assistance (CFDA) number 10.688.

Disbursement of these federal funds requires Contractor to certify, and Contractor‘s signature to the
Invitation for Bid (IFB) represents its certification that:

1.      It will abide by all certifications and assurances set forth in Federal Forms SF-424B, ―Assurances
        – Non Construction Programs;‖ and AD-1048, ―Certification Regarding Debarment, Suspension,
        Ineligibility & Voluntary Exclusion,‖ both forms having been signed, attached hereto, and
        incorporated herein by reference as Appendix F and Appendix G. The Contractor shall
        immediately inform the Procurement Officer for the State of Montana if the Contractor or any of its
        principals are presently excluded, debarred, or suspended from entering into covered transactions
        with the federal government according to the terms of 2 CFR Part 180. Additionally, should the
        Contractor or any of its principals receive a transmittal letter or other official federal notice of
        debarment or suspension, the Contractor shall notify the Procurement Officer for the State of
        Montana without undue delay. This applies whether the exclusion, debarment, or suspension is
        voluntary or involuntary.

2.      It is not delinquent on the repayment of any federal debt.

3.      Its subcontractors and/or contractors are not ineligible for federal funds as outlined in 7 CFR Part
        3017, Government-wide Debarment and Suspension (Non-Procurement) by using Form AD-1048
        and the on-line EPLS System (Excluded Parties List System) to verify their status.

4.      It is in compliance with federal requirements for a drug-free workplace (Drug-Free Workplace Act
        of 1988).

5.      It is in compliance with Public Law 101-121, Section 319, which covers restrictions regarding
        lobbying.

6.      It will comply with 7 CFR, Sec. 3016.42 (records retention and access).

7.      It will comply with OMB Circular A-122 for cost principles, relocated to 2 CFR, Part 230, if it is a
        non-profit organization or a for-profit entity; with A-21, relocated to 2 CFR, Part 220, if it is an
        educational institution; or with A-87, relocated to 2 CFR, Part 225, if it is a local government or a
        Native American Tribe; or FAR 31.2 if it is a for-profit organization.

8.      It will comply with OMB Circular A-110 for administrative requirements, relocated to 2 CFR, Part
        215, if it is a non-profit organization or a for-profit organization; with A-110, relocated to 2 CFR,
        Part 215, if it is an educational institution; or with A-102 if it is a local
        government or a Native American Tribe.




                                                      30
Appendix E

9.    It will comply with federal provisions relating to trafficking in persons as follows:
         a. Provisions applicable to a Contractor that is a private entity.
                     1. You as the Contractor, your employees, contractors/cooperators under this
                          award, and contractors‘/cooperators‘ employees may not—
         b. Engage in severe forms of trafficking in persons during the period of time that the award
             is in effect;
             ii.       Procure a commercial sex act during the period of time that the award is in effect;
                  or
             iii.      Use forced labor in the performance of the award or sub-awards under the award.
         2. The DNRC as the sub-awarding agency may unilaterally terminate this award, without
             penalty, if the Contractor that is a private entity —
             i.        Is determined to have violated a prohibition in paragraph a.1 of this award term;
                  or
             ii.       Has an employee who is determined by the agency official authorized to
                  terminate the award to have violated a prohibition in paragraph a.1 of this award term
                  through conduct that is either—
                  A. Associated with performance under this award; or
                  B. Imputed to the Contractor using the standards and due process for imputing the
                       conduct of an individual to an organization that are provided in 2 CFR part 180,
                       ‗‗OMB Guidelines to Agencies on Government wide Debarment and Suspension
                       (Non-procurement),‘‘ as implemented by United States Department of Agriculture-
                       Forestry Service (USDA FS) at 7 CFR 3017.
      b.     Provision applicable to a Contractor other than a private entity. The DNRC as the sub-
         awarding agency may unilaterally terminate this award, without penalty, if a Contractor that is
         a private entity—
         1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award
             term; or
         2. Has an employee who is determined by the DNRC official authorized to terminate the
             award to have violated an applicable prohibition in paragraph a.1 of this award term
             through conduct that is either—
             i.        Associated with performance under this award; or
             ii.       Imputed to the Contractor using the standards and due process for imputing the
                  conduct of an individual to an organization that are provided in 2 CFR part 180, ‗‗OMB
                  Guidelines to Agencies on Government-wide Debarment and Suspension (Non-
                  procurement),‘‘ as implemented by the USDA FS at 7 CFR 3017.
      c.     Provisions applicable to any Contractor.
         1. The Contractor must inform the DNRC immediately of any information the Contractor
             receives from any source alleging a violation of a prohibition in paragraph a.1 of this
             award term.
         2. The DNRC‘s right to terminate unilaterally that is described in paragraph a.2 or b of this
             section:
             i.        Implements section 106(g) of the Trafficking Victims Protection Act of 2000
                  (TVPA), as amended (22 U.S.C. 7104(g)), and
             ii.       Is in addition to all other remedies for noncompliance that are available to the
                  DNRC under this award.
         3. You must include the requirements of paragraph a.1 of this award term in any sub-award
             the Contractor makes to a private entity.




                                                  31
Appendix E

      d.      Definitions. For purposes of this award term:
           1. ‗‗Employee‘‘ means either:
              i.       An individual employed by The Contractor or a contractor/cooperator who is
                   engaged in the performance of the project or program under this award; or
              ii.      Another person engaged in the performance of the project or program under this
                   award and not compensated by the Contractor including, but not limited to, a
                   volunteer or individual whose services are contributed by a third party as an in-kind
                   contribution toward cost sharing or matching requirements.
           2. ‗‗Forced labor‘‘ means labor obtained by any of the following methods: the recruitment,
              harboring, transportation, provision, or obtaining of a person for labor or services, through
              the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
              peonage, debt bondage, or slavery.
           3. ‗‗Private entity‘‘:
              i.       Means any entity other than a State, local government, Indian tribe, or foreign
                   public entity, as those terms are defined in 2 CFR 175.25.
              ii.      Includes:
                   A. A nonprofit organization, including any nonprofit institution of higher education,
                       hospital, or tribal organization other than one included in the definition of Indian
                       tribe at 2 CFR 175.25(b).
                   B. A for-profit organization.
           4. ‗‗Severe forms of trafficking in persons,‘‘ ‗‗commercial sex act,‘‘ and ‗‗coercion‘‘ have the
              meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

10.   It shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful
      employment under the Immigration and Nationality Act (8 USC 1324a). The Contractor shall
      comply with regulations regarding certification and retention of the completed forms. These
      requirements also apply to any contract or supplemental instruments awarded under this award.

11.   It will comply with all Federal statutes relating to nondiscrimination and all applicable requirements
      of all other Federal laws, Executive Orders, regulations, and policies. The following
      nondiscrimination statement will be posted in primary and secondary recipient/cooperator offices,
      at the public service delivery contact point and included, in full, on all materials regarding such
      recipients/cooperators‘ programs that are produced by the recipients/cooperators/ for public
      information, public education, or public distribution (including electronic distribution):
                “In accordance with Federal law and U.S. Department of Agriculture policy, this institution
                is prohibited from discriminating on the basis of race, color, national origin, sex, age, or
                disability. (Not all prohibited bases apply to all programs.) To file a complaint of
                discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten
                Building, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202)
                720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.

12.   It will comply with mandatory standards and policies relating to energy efficiency which are
      contained in the state energy conservation plan issued in compliance with the Energy Policy and
      Conservation Act (Pub. L. 94-163, 89 Stat. 871).

13.   For awards in excess of One Hundred Thousand Dollars ($100,000.00), it will comply with all
      applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
      U.S. C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738,
      and Environmental Protection Agency regulations (40 CFR part 15).




                                                    32
Appendix F
- OMB Approval No. 0348-0040

                              ASSURANCES - NON-CONSTRUCTION PROGRAMS


Public reporting burden for this collection of information is estimated to average 15 minutes per response, including
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management
and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF
MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE
SPONSORING AGENCY.
    NOTE:
            Certain of these assurances may not be applicable to your project or program. If you have questions, please
               contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify
               to additional assurances. If such is the case, you will be notified.



As the duly authorized representative of the applicant, I certify that the applicant:




    1.   Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability
         (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management
         and completion of the project described in this application.


    2.   Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State,
         through any authorized representative, access to and the right to examine all records, books, papers, or
         documents related to the award; and will establish a proper accounting system in accordance with generally
         accepted accounting standards or agency directives.


    3.   Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
         presents the appearance of personal or organizational conflict of interest, or personal gain.


    4.   Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
         agency.


    5.   Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
         standards for merit systems for programs funded under one of the 19 statutes or regulations specified in
         Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).


    6.   Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title
         VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or
         national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and
         1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation


                                                            33
Appendix F


   Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age
   Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of
   age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination
   on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
   Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
   alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as
   amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of
   1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
   housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal
   assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the
   application.

   7.   Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation
        Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and
        equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-
        assisted programs. These requirements apply to all interests in real property acquired for project purposes
        regardless of Federal participation in purchases.




   8.   Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit
        the political activities of employees whose principal employment activities are funded in whole or in part with
        Federal funds.




   9.   Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the
        Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act
        (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction sub-agreements.


   10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
       Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the
       program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or
       more.


   11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
       environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and
       Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of
       wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e)
       assurance of project consistency with the approved State management program developed under the Coastal
       Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air)
       Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
       seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
       amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973,
       as amended (P.L. 93-205).




                                                           34
Appendix F




    12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting
        components or potential components of the national wild and scenic rivers system.


    13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation
        Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and
        the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).


    14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and
        related activities supported by this award of assistance.


    15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
        seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or
        other activities supported by this award of assistance.


    16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the
        use of lead-based paint in construction or rehabilitation of residence structures.


    17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act
        Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit
        Organizations."

    18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and
        policies governing this program.


SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL                     TITLE



APPLICANT ORGANIZATION                                          DATE SUBMITTED




Previous Edition Usable                                                                    Standard Form 424B (Rev. 7-97)



                                                 Authorized for Local Reproduction    Prescribed by OMB Circular A-102




                                                         35
Appendix G
Form AD-1048 (1/92)

                                   U. S. DEPARTMENT OF AGRICULTURE
                 Certification Regarding Debarment, Suspension, Ineligibility
                 and Voluntary Exclusion - Lower Tier Covered Transactions

This certification is required by the regulations implementing Executive Order 12549, Debarment
and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The
regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733).
Copies of the regulations may be obtained by contacting the Department of Agriculture agency
with which this transaction originated.

               (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE.)

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.




ORGANIZATION NAME                                                 PR/AWARD NUMBER OR PROJECT NAME




NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE




SIGNATURE(S)                                                      DATE




                                                            36
Appendix G
Form AD-1048 (REVERSE)

                                   INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set
out on the reverse side in accordance with these instructions.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Non-procurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.




                                                           37

				
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