STATE OF MONTANA
INVITATION FOR BID
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: IFB # 115640 CSO
Hot Springs Slashing 2
Pages: 1-28, Attachments A-D
SOLICITATIONS will be received and publicly opened Issued by:
at 2:00 p.m. on: 6/3/11.
MARK FACE OF SOLICITATION ENVELOPE UNDER YOUR RETURN ADDRESS WITH THE
IFB# 115640 CSO
Bid opening date: 6/3/11.
IF NO SOLICITATION RESPONSE..............(check one 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.
Delivery Date: Payment Terms: Net 30 Days
Company Name/Address: Phone:
(if different) Fax:
Bidder Name: Federal I.D.
(please print) No.:
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
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
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.
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, 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.
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/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 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
SOLICITATION DOCUMENT EXAMINATION: Vendors shall promptly notify the State of any
ambiguity, inconsistency, or error which they may discover upon examination of a solicitation
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
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
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 as 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
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.
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# 115640 CSO. Bids must be
received at the receptionist’s desk of the DNRC Procurement Bureau prior to 2:00 PM, on
6/3/11. 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
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 correct bid to the DNRC prior to the
final award by the DNRC.
TABLE OF CONTENTS
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
PROSPECTUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 9
BID SHEET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page
DIVISION A - GENERAL REQUIREMENTS . . . . . . . . . . . . . . . . . . Page
DIVISION B - SPECIFICATIONS AND REQUIREMENTS. . . . . . . . . . . . . Page
DIVISION C - BIDDING INSTRUCTIONS . . . . . . . . . . . . . . . . . . Page
ATTACHMENT A – VICINITY MAP . . . . . . . . . . . . . . . . . . . . . 1 Page
ATTACHMENT B – ACCESS MAP, UNIT MAP . . . . . . . . . . . . . . . . . 2
ATTACHMENT C – FIRE REGULATIONS. . . . . . . . . . . . . . . . . . . . 3
ATTACHMENT D – INDEPENDENT CONTRACTOR WORKSHEET . . . . . . . . . . . 1 Page
The Department of Natural Resources and Conservation (DNRC) is soliciting
bids for slashing of logging damaged and sub-merchantable trees on the Plains
Unit. An award will be made to the vendor with the lowest Total Bid Price
(TBP) for Hot Springs Slashing 2. A 25% performance bond will be required on
the project. This slashing must be completed by October, 25 2013.
Bidders requiring clarification or interpretation of any section or sections
contained in IFB # 115640 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 # 115640 CSO
PO Box 201601
Helena, MT 59620-1601
Each bidder submitting written questions must clearly address each question
by reference to a specific section, page and item of IFB # 115640 CSO. A
written answer will be provided to all questions received by 2:00 p.m. on
5/18/11. Written questions received after the deadline may or may not be
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
Any interpretation, correction, or change of IFB # 115640 CSO 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
1. Name of Project: Hot Springs Slashing 2
2. Project Description:
The project is a slashing of logging damaged, diseased and suppressed
mixed conifer species up to six inches (6”) DBH, over 227 acres of
previously logged areas. Slashed trees will be bucked every 12 feet.
Anticipated starting date: Upon Award
Project completion deadline: October 25, 2013
4. Ground Conditions:
Slashing unit is located within previously harvested units of an active
timber sale. Ground slope varies from 25-35%, aspect is E – SE,
Elevation range is 4200’ – 5100’.
5. Stand Conditions and Description of Cutting:
Timber harvest activities have left areas of damaged, diseased and
suppressed sub-merchantable trees in the unit, creating a need for
slashing to maintain stand health and optimum growth potential. Only
trees less than 6” DBH will be cut. A combination of damage, disease,
DBH limit, and species will be utilized to determine leave trees.
Healthy, well formed Ponderosa pine, western larch and Douglas-fir are
the preferred leave tree species, in that order.
Using the data listed in Division B: Project Specifications, across the
entire project the contractor can be expected to fell by hand an
estimated 100 - 500 trees per acre.
Please read the bid solicitation before completing the enclosed bid
Bid IFB # 115640 CSO
STATE OF MONTANA
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
PROJECT NAME: Hot Springs Slashing 2
BIDDERS NAME: _____________________________
Project STR UNIT ACRES BID/ACRE BID/ACRE X ACRES
1 128 $__________ $_____________
Slashing T22N, 2 72 $__________ $__________
3 27 $__________ $__________
TOTAL BID PRICE
Award will be made for the lowest Total Bid Price.
This project is located in Section 36, T22N, R25W. Project is located behind
locked gates. Contact Kyle Johnson at 406-826-4725 for gate combination.
Directions to the project site from MT Highway 28, mile marker 21.5: Travel
west on Andrews Rd. Turn right on West Rd. and left on Morigeau Gulch Rd.
Continue west on HS 4000 Rd. Continue on HS 4000 Rd. crossing onto USFS Rd
7517 at the cattle guard (approximately 12 miles). Stay left to travel on the
HS 1008 Rd. and then HS 1000 Rd. Continue left to stay left onto the HS 3000
Rd.(See Attachment A, Vicinity Map and Attachment B, Access and Unit map).
Prospective bidders are urged to examine the project area and Contract
Agreement prior to submitting a bid. Interested bidders should be prepared to
use snow machines or similar equipment to access the unit early in the
Return the completed bid form to the address on the Invitation for Bid.
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
PROJECT NAME: Hot Springs Slashing 2
LAND OFFICE: Northwestern Land Office
DIVISION A – GENERAL REQUIREMENTS
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
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
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
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, 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
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
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 otherwise
A. 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.
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.
The contractor shall purchase and maintain Occurrence coverage with
combined single limits for bodily injury, personal injury, and property
damage of $300,000.00 per occurrence and $600,000.00 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 as additional insurers; 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 insured shall reduce or eliminate
such deductibles or self-insured retentions as respect to the State,
its officers, officials, employees, and volunteers, or; 2) 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 shall 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
(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-
(See Title 18, chapter 4, part 3, MCA, Title 30, chapter 5, MCA, and
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
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
2) Failure of the Contractor to correct unsatisfactory performance
or work within 5 days after it has been brought to the
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
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.
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 unsatisfactory 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 completed 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 deter-
mined 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
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. 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
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).
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. Work is to be completed
by October 25, 2013
2. UNIT SPECIFICATION AND STAND CONDITIONS
a. The current stand conditions are shown in the following tables:
STR UNIT ACRES SLOPE DBH HEIGHT EXISTING TREES
PERCENT (INCHES)* (FEET)* PER ACRE **
S36 1 128 30 - 35 < 6in. > 3 ft. 500
T22N 2 72 30 - 35 < 6in. > 3 ft. 500
3 27 25 - 30 < 6in. > 3 ft. 750
* -DBH and Height are for crop trees
**-Average # of total stems per acre greater than three feet in height.
b. Boundaries: Slashing unit boundaries are roads and/or are marked
with yellow ribbon. All unit boundaries were traversed and acreage
determined using the Global Positioning System (GPS).
3. THINNING REQUIREMENTS
The Contractor will hand 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:
TABLE 4 – REQUIREMENTS SPECIFIC TO THE PROJECT AREA
TARGET STOCKING AVERAGE
PROJECT UNITS TREES PER ACRE** SPACING*
ALL 100 - 150 variable
Hot Springs Slashing
* - 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
** - Groups of well formed undamaged trees may be retained for wildlife
screening, as directed by Forest Officer.
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.
b. Selection criteria:
The best trees of each species will be retained as leave trees in
1) Indicators of desirable leave trees are:
a) No Logging Damage
b) Straight stems
c) Good crown coloration
d) Good crown form
e) Good crown ratios (> 60%)
f) Freedom from insects, diseases, and physical and mechanical
g) Vigorous annual growth
h) Species preference
2) Indicators of undesirable trees are:
a) Logging Damage
b) Mistletoe, disease or insect damage
c) 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
h) 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) Ponderosa pine
b) Western larch
d) All other species
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.
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
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) All slash shall be confined within unit boundaries.
b) All slash shall be removed from all roads, adjacent cut-and-fill
slopes, and ditches.
c) All slash shall be removed from all ephemeral and intermittent stream
channels and wet areas that carry seasonal water.
d) The Contract Supervisor may approve salvage of 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 project 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 project unit shall be
considered a payment unit.
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.
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,
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-
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
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
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 Wildland/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
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
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
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.
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 wildland-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 requirment 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 handpump; 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 wildland 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 wildland 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.
INDEPENDENT CONTRACTOR WORK SHEET
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 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 ___