50-00000-24-00029_50-00000-24-00029 Forest Management Treatments ITB Final.docx.DOCX

State of New Mexico General Services Department Purchasing Division ITB Statewide Price Agreement # 50-00000-24-00029 Page-24

GSD/SPD (Rev. 1/2024)

Invitation to Bid - Statewide Price Agreement

ITB Title: Forest Management Treatments

Return Bid to: New Mexico General Services Department State Purchasing Division:

Electronic bid submission:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

ITB Number: 50-00000-24-00029

Agency Requested Delivery: As Requested

Commodity Code(s): 92640, 92641, 92642, 94732, 94741, 94752, 94756, 94781, 94784, 95802, 95825, 95845, 98802, 98814, 98820, 98887, 98889

Bids Due No Later Than:

Date: November 19, 2024 Time: 2:00pm Late Submission of Bids Will Not Be Accepted.

Formal Sealed Bid Opening, to occur immediately following due date/time:

Place: https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d Meeting ID: 210 089 867 732

If you have questions regarding this ITB please contact:

Procurement Specialist: Karen Wisdom Telephone No.: 505-500-9912 Email: karen.wisdom@gsd.nm.gov

Bidder MUST complete as applicable and sign the following in order for Bid to be valid (type or print clearly):

Sales Email: _____________________________________ Sales Phone No.: _______________________________ NM Tax Payer Identification Number:____________________ Federal Tax ID#: _____________________________

Payment terms: (e.g., Net 30. Discount will not be considered in computing the low bid, see “Terms and Conditions”)

F.O.B. Point must be Destination, unless otherwise indicated by the NM State Purchasing Agent

Contractor’s Delivery: (May be considered in the award)

The Terms and Conditions shall not be modified or supplemented.

Bids must be submitted electronically, via eProNM only. Please see Bid Submission Instructions on page 2.

Bids are subject to the “Terms and Conditions,” shown on the attached pages of this document, and any additional bidding instructions or requirements. The Terms and Conditions shall not be modified or supplemented.

NOTE: if you decide not to bid, do not return this document.

A business eligible for a New Mexico/Native American Resident Preference (Preference) must obtain a Preference certificate from the NM Taxation & Revenue Department. In order for the appropriate Preference to be applied to this solicitation, the expenditure for this solicitation cannot involve federal funds, and Bidder must submit a copy of its Preference certificate along with its response to the solicitation. Applicable Preferences will be applied to monetary values only, in accordance with §13-1-21 NMSA 1978, not percentage discounts or other non-monetary values. Additionally, only one submitted Preference will be applied per solicitation, not multiple. Applications are available for download at: http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx Technical Online Bidding Questions:

(505) 795-1894 or (800) 233-1121 or you can contact the buyer listed on the ITB front page Bidder Instructions for Invitation to Bid (ITB) Viewing ITB:

1. Bidders can access active procurements at the following sites:

0. https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx

0. https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

1. Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

Submitting Bids:

Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

· Electronic submissions through eProNM at the following site: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

· Bids will be time-stamped in the system when Bidder clicks “OK” after “Review and Submit.” Such electronic submissions will be considered sealed bids in accordance with statute.

· If an amendment is processed after bid is submitted, Bidders must resubmit their bid in order for it to be considered fully submitted. Note: It is the responsibility of the Bidder to ensure bids are correct and accurate before submission. By bidding electronically, you acknowledge any and all amendments and it is your responsibility to ensure your bid corresponds with any amendments.

It is the Bidder’s responsibility to ensure all documents are completely uploaded and submitted electronically via the ePro system by the deadline set forth in this ITB. The ePro system will automatically cease uploading data at the date and time of the deadline. Please ensure that you, as the Bidder, allow adequate time for large uploads and to fully complete your submittal by the deadline. A submission that is not both: (1) fully complete; and (2) received, via the ePro system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the ePro system by the deadline because the response was captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE BID CAN BE ACCEPTED.

Bid Opening:

Sealed bids will be publicly opened online via Microsoft Teams. Bids are subject to the “Terms and Conditions,” shown on the subsequent pages of this document, and any additional bidding instructions or requirements. NOTE: if you decide not to bid, do not return this ITB document.

Please join Bid Opening from your computer, tablet or smartphone.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d Meeting ID: 210 089 867 732

Passcode: 4W2kXN Download Teams | Join on the web Or call in (audio only) +1 505-312-4308,,45609571# United States, Albuquerque Phone Conference ID: 456 095 71# Terms and Conditions (Unless otherwise specified)

1. General: When the State Purchasing Agent or his/her designee issues a purchase document in response to the bid, a binding contract is created.

2. Variation in Quantity: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by conditions of loading, shipping, packing or allowances in manufacturing process and then only to the extent, if any, specified in this order.

3. Assignment:

a. Neither the order, nor any interest therein, nor any claim thereunder, shall be assigned or transferred by the Contractor, except as set forth in Subparagraph 3b or as expressly authorized in writing by the State Purchasing Agent or his/her designee. No such assignment or transfer shall relieve the Contractor from the obligations and liabilities under this order.

b. Contractor agrees that any and all claims for overcharge resulting from antitrust violations which are borne by the State as to goods, services, and materials purchased in connection with this bid are hereby assigned to the State.

4. State Furnished Property: State furnished property shall be returned to the State upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.

5. Discounts: Prompt payment discounts will not be considered in computing the low bid.

6. Inspection: Final inspection and acceptance will be made at the destination. Supplies rejected at the destination for nonconformance with specifications shall be removed at the Contractor's risk and expense, promptly after notice of rejection.

7. Inspection of Plant: The State Purchasing Agent or his/her designee may inspect, at any reasonable time, the part of the Contractor's, or any subcontractor's plant or place of business, which is related to the performance of this contract.

8. Commercial Warranty: The Contractor agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties the Contractor gives for such to any customer for such supplies or services. The rights and remedies provided herein shall extend to the State and are in addition to and do not limit any rights afforded to the State by any other clause of this order. Contractor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.

9. Taxes: The unit price shall exclude all state taxes.

10. Packing, Shipping and Invoicing:

a. The State's purchasing document number and the Contractor's name, user's name and location shall be shown on each packing and delivery ticket, package, bill of lading and other correspondence in connection with the shipments. The user's count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by a packing ticket.

b. The Contractor's invoice shall be submitted duly certified and shall contain the following information: order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each and every complete shipment.

c. Invoices must be submitted to the using agency and NOT the State Purchasing Agent.

11. Default: The State reserves the right to cancel all or any part of this order without cost to the State, if the Contractor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor, such causes include but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights of the State provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

12. Non-Collusion: In signing this bid the Contractor certifies he/she has not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with this offer submitted to the State Purchasing Agent or his/her designee.

13. Nondiscrimination: Contractor doing business with the State of New Mexico must be in compliance with the Federal Civil Rights Act of 1964 and Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public Law 101-336).

14. The Procurement Code: Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violation. In addition the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

15. Items: All bid items are to be NEW and of most current production, unless otherwise specified.

16. Payment for Purchases: Except as otherwise agreed to: late payment charges may be assessed against the user state agency in the amount and under the conditions set forth in Section 13-1-158 NMSA 1978.

17. Workers' Compensation: The Contractor agrees to comply with state laws and rules pertaining to Workers' Compensation benefits for its employees. If the Contractor fails to comply with Workers' Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the contracting agency.

18. Submission of Bid: Bids must be submitted in a sealed envelope with the bid number and opening date clearly indicated on the bottom left hand side of the front of the envelope. Failure to label bid envelope will necessitate the premature opening of the bid in order to identify the bid number.

19. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Procuring Agency are considered material to any work performed under this Price Agreement. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Contractor without prior written consent of the Procuring Agency. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Procuring Agency shall retain the right to request the removal of any of the Contractor’s personnel at any time.

20. Subcontracting: The Contractor shall not subcontract any portion of the Price Agreement without the prior written approval of the Procuring Agency. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this Price Agreement, nor shall any subcontracting obligate payment from the Agency.

21. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Price Agreement’s term and effect, and retain them for a period of three (3) years from the date of final payment under this Price Agreement. The records shall be subject to inspection by the Agency, State Purchasing Division, Department of Finance and Administration, and for Information Technology contracts, State Chief Information Officer. The Agency shall have the right to audit billings, both before and after payment. Payment for services under this Price Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments.

22. Subcontracts: The foregoing requirements for Contractor Personnel, Subcontracting, and Audit shall be inserted into all subcontracts from the prime contractor to the subcontractor.

Important Bidding Information All Bidders must notify the State Purchasing Agent or his/her designee if any employee(s) of the requesting agency or the office of the State Purchasing Agent have a financial interest in the Bidder. Financial interest is defined as:

A. holding a position in a business as officer, director, trustee or partner or holding any position in management; or

B. ownership of more than five percent interest in a business.

____ No financial interest ____ Yes financial interest

If yes, specify the employee’s name: ________________and financial interest: ________________________

Bid tabulations will be posted to our website approximately two (2) weeks after bid opening date. To access go to https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx, and filter by Bid Tab.

Failure of Bidder to complete bidding documents, in accordance with all instructions provided, is cause for this office to reject their bid.

Brand names and numbers are for reference only; equivalents will be considered. If bidding “equivalent” bidders must be prepared to furnish “complete data” upon request, preferably with bid, to avoid delay in award.

Specifications on the bid are not to exclude any bidder or manufacture. Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to restrict competition. “No substitute” specifications may be authorized ONLY if required to match existing equipment.

If any Bidder is of the opinion that the specifications as written preclude her/him from submitting a bid on this ITB, it is requested that her/his opinion be made known to the State Purchasing Agent or his/her designee, in writing, at least seven (7) days prior to the bid opening date.

Bidders must, upon request of the State Purchasing Agent or his/her designee, provide information and date to prove that the financial resources, production of service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. The State Purchasing Agent or his/her designee reserves the right to require a Bidder to furnish a Performance Bond prior to award, where the Bidder is unable to furnish the required information or data, or for other reasons which would insure proper performance by the Bidder.

Unless otherwise indicated in the bid specifications, samples of the items, when required, shall be free of expense to the State of New Mexico. Samples not destroyed or mutilated in testing will be returned upon request, at Bidders expense. Each sample must be labeled to clearly show the bid number and item number that it pertains to. Unsolicited bid samples or descriptive literature, which is submitted at the Bidder’s risk, will not be returned.

Awards

Determination of Lowest Bidder – Following determination of product acceptability, if any is required, bids will be evaluated to determine which Bidder offers the lowest cost to the State in accordance with the specifications and terms & conditions set forth in the Invitation to Bid. The State Purchasing Agent reserves the right to award this Invitation to Bid in total; by groups of items; on the basis of individual items; any combination of these which could result in a multiple award; or as otherwise specified in bid specifications; whichever, in his/her judgment, best serves the interest of the State of New Mexico.

The New Mexico State Purchasing Agent or his/her designee reserves the right to accept and/or reject any and all bids, to waive technical irregularities, and to award to the Bidder whose bid is deemed to be in the best interest of the State of New Mexico.

Special Notice – To preclude any possible errors and/or misinterpretations, bid prices must be affixed legibly in ink or typewritten. Corrections or changes must be signed or initialed by Bidder prior to the scheduled bid opening; failure to do so will be just cause for rejection of bid.

Bids may be withdrawn upon receipt of written request, prior to scheduled bid opening for the purpose of making any corrections and/or changes; such corrections must be properly identified and signed or initialed by Bidder. Resubmittal must be prior to scheduled bid opening for consideration.

After bid opening, no modifications on bid prices or other provisions of bid shall be permitted. A low Bidder alleging a material mistake of fact after bids have been opened may be permitted to withdraw the bid upon written request prior to award at the discretion of the State Purchasing Agent or his/her designee.

F.O.B. Destination – Means goods are to be delivered to the destination designated by the user which is the point at which the user accepts ownership or title of the goods. Laws of New Mexico specifically prohibit acceptance of ownership of goods in transit. Any exception to F.O.B. Destination may cause bid to be declared nonresponsive.

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our bid openings, please contact State Purchasing (505) 827-0472 at least five (5) working days prior to the scheduled bid opening.

New Mexico Employees Health Coverage

A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agrees to maintain for the term of the contract, health insurance for its New Mexico Employees and offer that health insurance to its New Mexico Employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceeds $250,000 dollars.

B. Contractor agrees to maintain a record of the number of its New Mexico Employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Contractor agrees to advise all of its New Mexico Employees of the availability of State publicly financed health care coverage programs by providing each of its New Mexico Employees with, as a minimum, the following web site link to additional information: https://www.bewellnm.com/

D. For purposes of this Paragraph, the following terms have the following meanings:

(1) “New Mexico Employee” means any resident of the State of New Mexico employed by Contractor who performs the majority of the employee’s work for Contractor within the State of New Mexico, regardless of the location of Contractor’s office or offices; and

(2) “offer” means to make available, without unreasonable restriction, enrollment in one or more health coverage plans and to actively seek and encourage participation in order to achieve the goals of Executive Order 2007-049. This could include State publicly financed public health coverage programs such as Insure New Mexico!

Statewide Price Agreement Article I – Statement of Work Under the terms and conditions of this Price Agreement all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law may issue orders for items and/or services described herein. The terms and conditions of this Price Agreement shall form a part of each order issued hereunder.

The items and/or services to be ordered shall be as listed under Article IX - Price Schedule. All orders issued hereunder will bear both an order number and this Price Agreement number. It is understood that no guarantee or warranty is made or implied by the New Mexico State Purchasing Agent, his/her designee or the user that any order for any definite quantity will be issued under this Price Agreement. The Contractor is required to accept the order and furnish the items and/or services in accordance with the articles contained hereunder for the quantity of each order.

Article II – Term The term of this Price Agreement, for issuance of orders, shall be as indicated in the specifications.

Article III – Specifications Items and/or services furnished hereunder shall conform to the requirements of specifications and/or drawings applicable to items listed under Article IX-Price Schedule. Orders issued against this schedule will show the applicable Price Agreement item(s), number(s), and price(s); however they may not describe the item(s) fully.

Article IV – Shipping and Billing Instructions Contractor shall ship in accordance with the following instructions: Shipment shall be made only against specific orders which the user may place with the Contractor during the term; The Contractor shall enclose a packing list with each shipment listing the order number, price agreement number and the commercial parts number (if any) for each item; Delivery shall be made as indicated on page1. If contractor is unable to meet stated delivery the State Purchasing Agent or his/her designee must be notified.

Article V – Termination The Agency may terminate this Agreement for convenience or cause. The Contractor may only terminate this Agreement based upon the Agency’s uncured, material breach of this Agreement. Contractor shall give Agency written notice of termination at least thirty (30) days prior to the intended date of termination, which notice shall (i) identify all the Agency’s material breaches of this Agreement upon which the termination is based and (ii) state what the Agency must do to cure such material breaches. Contractor’s notice of termination shall only be effective (i) if the Agency does not cure all material breaches within the thirty (30) day notice period or (ii) in the case of material breaches that cannot be cured within thirty (30) days, the Agency does not, within the thirty (30) day notice period, notify the Contractor of its intent to cure and begin with due diligence to cure the material breach. Termination of this Contract, however, shall not affect any outstanding orders. This provision is not exclusive and shall not waive other rights and remedies afforded either party in the event of breach of contract or default. In such instances the contract may be cancelled effective immediately.

Article VI – Amendment This Price Agreement may be amended by mutual agreement of the New Mexico State Purchasing Agent or his/her designee and the Contractor upon written notice by either party to the other. An amendment to this Price Agreement shall not affect any outstanding orders issued prior to the effective date of the amendment as mutually agreed upon, and as published by the New Mexico State Purchasing Agent or his/her designee. Amendments affecting price adjustments and/or the extension of a price agreement expiration date are not allowed unless specifically provided in the bid and price agreement specifications.

Article VII – Issuance or Orders Only written signed orders are valid under this Price Agreement.

Article VIII – Packing (if applicable) Packing shall be in conformance with standard commercial practices.

Article IX – Price Schedule Prices as listed in the price schedule hereto attached are firm.

IMPORTANT: NO ADDITIONAL TERMS AND/OR CONDITIONS WILL BE ACCEPTED

Specifications:

Establish a Statewide Price Agreement (SWPA) for forest and watershed health and fuel mitigation activities. This Statewide Price Agreement may be used by all New Mexico state agencies, commissions, political subdivisions, and local public bodies (Agencies) subject to applicable law.

The activities and associated services will be used for projects administered by the Agency where the need has been established for forest management activities (thinning, forest and watershed restoration, fuels reduction, and fuel breaks for community protection). Furthermore, the activities or services will be used to improve, restore, or rehabilitate current land conditions to achieve future desired conditions.

Term The term of this Statewide Price Agreement shall be for one year from date of award with the option to extend for three (3) additional one-year terms, on a year-to-year basis, by mutual agreement of all parties and approval of the New Mexico State Purchasing Agent. All renewals shall be for the same price, terms, and conditions, unless a price escalation or reduction is approved. This Statewide Price Agreement shall not exceed four (4) years.

THIS IS NOT A PROJECT-SPECIFIC PRICE AGREEMENT. This Statewide Price Agreement can or may cover any or all forest and watershed health and fuel mitigation activities. Once the Agency selects a project, it develops a work plan and only then offers the project to a Contractor based on bid prices set in the Statewide Price Agreement. Contractors selected for projects must agree to comply with the terms and conditions of the work plan, any laws or rules or regulations of a governmental entity who owns or manages the property where work will take place, laws or rules or regulations that govern the work, the terms and conditions of this Statewide Price Agreement, and any requirements of the underlying funding entity and funding award. Specifications will not change from this Statewide Price Agreement to the work plan; however, each work plan will provide specific details about the project. Work plans are not created until a project is designated.

Maps are not included with this Statewide Price Agreement. The Agency will provide maps with each approved work plan.

Price Escalation and Reduction Contractor shall keep pricing fixed for each year of this Statewide Price Agreement. Thereafter, the Agency and the Contractor may adjust pricing no more than once annually through an amendment to the Statewide Price Agreement at the time of Statewide Price Agreement renewal. The Contractor shall submit all pricing increase requests to the Energy, Minerals and Natural Resources Department (EMNRD) agency contact in writing and provide substantiating evidence that each request is based on demonstrable market changes impacting the cost of services. The request must show all proposed increases by line item and include supporting documentation acceptable to EMNRD (such as a letter from a manufacturer or supplier indicating price increases, etc.). EMNRD’s decision on what is acceptable in this context is final and shall be accepted by all parties to the Statewide Price Agreement. Requested price increases that exceed 10% will not be accepted. Pricing changes (if any) approved for the requesting Contractor shall be offered to all other Contractors on the Statewide Price Agreement at the time of renewal. Pricing changes will apply to all projects offered to the Contractor after the effective date of the price change. Price decreases as well as increases shall apply in the same manner. If vendor's prices are reduced for any reason, users shall receive the benefit of such reductions, immediately. Price increases will not be retroactive to previous work plans. Activities associated with work plans will be paid at the prices in effect on the dates work plans are approved. To facilitate prompt consideration, all requests for a price increase must include all information listed below:

1. price agreement item number;

1. current item price;

1. proposed new price;

1. percentage of increase; and

1. detailed explanation for price change request.

Background

EMNRD is the originating agency for this SWPA and has authority to administer these projects and activities based on the Forest Conservation Act, NMSA 1978, Section 68-2-1 et seq. The activities (project work) associated with state and federal funds administered by EMNRD are intended to restore, rehabilitate, secure, and remediate the land to a more productive and healthy state. Other agencies using this SWPA must do so according to their own authorities.

The activities and associated services will be used for projects administered by the Agency where the need has been established for forest management activities (thinning, forest and watershed restoration, fuels reduction, and fuel breaks for community protection). Furthermore, the activities or services will be used to improve, restore, or rehabilitate current land conditions to achieve future desired conditions.

Definitions Access: Road access to a project location (ingress and egress).

Defensible space: Natural and landscaped area around a structure that has been maintained and designed to reduce wildfire danger. Defensible space reduces the risk that fire will spread from the surroundings to the structure.

Agency program manager: Agency employee who coordinates all activities associated within individual work plans.

Faller: A person who fells trees; also called a sawyer or cutter.

Fuel reduction: Manipulation or removal of forest fuels to reduce the likelihood of ignition or to lessen potential damage and resistance to control.

Hazard: A source of danger or any item, natural or unnatural, that may affect safety.

Post-fire: A forest type characterized by recent medium-to-high severity wildfire with high tree mortality.

Project location: An approved location in which the Agency has determined to conduct project activities to meet Agency objectives.

Related equipment: Equipment/supplies needed to successfully complete projects.

Slash: Debris resulting from such natural events as wind, fire, or snow breakage; or such human activities as road construction, logging, pruning, thinning, or brush cutting. It includes logs, chunks, bark, branches, stumps, and broken understory trees or brush.

Work plan: An Agency-approved document that describes individual project standards and work specifications.

Method of Award The Agency may select multiple Contractors to provide services included in this Statewide Price Agreement. The selection of multiple Contractors will improve the Agency’s ability to implement work plans by identifying services and equipment depending on the Contractor’s geographical location and capabilities. Being selected for this Statewide Price Agreement does not automatically guarantee Contractors work. The State of New Mexico reserves the right to award multiple Contractors from this Statewide Price Agreement in each work zone as specified below.

Bidding Instructions:

If your company does not provide a specific service, please write "NO BID" next to that specific item on the attached cost response form. You must provide a single price for each service you choose to bid on; you may not provide a range of prices.

Difficult Conditions:

A premium exists for extreme conditions or a combination of moderately difficult conditions that increase the difficulty of the project. When the Agency determines at its sole discretion difficult conditions exist, work plans will specify premium charges of up to 30% over Contractor bid prices according to the following table. In no case will premiums exceed 30%.

area

area

item price

Forest Treatment challenges under Level A 0%

Forest treatment challenges under Level B 15%

Forest treatment challenges under Level C or two or more challenges under Level B 30%

Work Zones Contractors must identify each geographical zone in which they can adequately perform their services. Contractors must identify which zones their company can adequately service for each individual item.

Zone 1: San Juan County Zone 2: Rio Arriba, Taos, Los Alamos, and Santa Fe Counties Zone 3: Colfax, Union, and Harding Counties Zone 4: McKinley and Cibola Counties Zone 5: Sandoval, Bernalillo, Valencia, and Torrance Counties Zone 6: Mora, San Miguel, and Guadalupe Counties Zone 7: Quay, Curry, De Baca, and Roosevelt Counties Zone 8: Catron and Socorro Counties Zone 9: Lincoln and Otero Counties Zone 10: Chaves, Eddy, and Lea Counties Zone 11: Grant, Hidalgo, and Luna Counties Zone 12: Sierra and Dona Ana Counties

Contractor Responsibilities

1. Provide all personnel, facilities, equipment, materials, supplies, transportation, and services (except as expressly set forth in this Statewide Price Agreement as furnished by the Agency), and otherwise do all things necessary for the satisfactory performance of this Statewide Price Agreement.

1. Obtain any required access permits.

1. Pay all wages, insurance, liability insurance, per diem, or any other cost associated with the activities of their employees.

1. Provide the required training and safety equipment for their employees.

1. Provide competent supervision and skilled personnel to accomplish all work in progress.

1. Take appropriate actions necessary to protect the life and health of employees on the job and the safety of the public, and to protect the property of the State of New Mexico in connection with the performance of the work covered by this Statewide Price Agreement.

1. Make necessary arrangements for storage of their tools or equipment. The Agency is not responsible for any lost or stolen property.

1. Be responsible for all cleanup work on the project site(s) and at the equipment storage area(s) prior to final inspection and acceptance.

1. Be held liable for any damages that occur because of their negligence or that of their employees.

1. Indemnify and hold harmless the State of New Mexico, the Agency, its officers, agents, or employees, and the landowner or governmental entity who manages the property where work is occurring against liability, claims, damages, losses, or expenses arising out of bodily injury to persons or damage to property caused by, or resulting from, Contractor or its employees own negligent acts or omissions while Contractor or its employees, performs or fails to perform its obligations and duties under the terms and conditions of this Statewide Price Agreement.

1. Provide invoices to the Agency Program Manager or designee at intervals specified by the Agency.

Agency Responsibilities

1. Identify work areas, ingress/egress to properties, develop work plans, and coordinate treatment activities.

1. Provide the Contractor with approved work plans prior to work taking place.

1. Monitor work performance and ensure project guidelines are fulfilled.

1. Monitor post-project results.

1. Inspect project and approve invoices for payment.

Scope of Work

Use of Machinery and Equipment Locate machinery servicing and refueling areas away from streambeds, arroyos, and washes to reduce the possibility and minimize the impacts of accidental spills and discharges.

All vehicles and equipment entering the project area must be clean of noxious weeds and free from oil leaks and are subject to inspection by the Agency Project Manager. Wash all equipment to thoroughly remove all dirt, plant, and other foreign material prior to entering the project area. Particular attention must be shown to the under carriage and any surface where soil containing exotic seeds may exist. These efforts are critical to prevent the introduction and establishment of non-native plant species into the project area.

In general, when gasoline, diesel fuel, antifreeze, hydraulic fluid, or any other chemical contained within the vehicle or machinery is released in the project area; proper corrective clean-up and safety actions shall be followed.

Repair oil leaks immediately on discovery. Do not use equipment that is leaking. Have oil pans and absorbent material in place prior to beginning repair work. Have the “on scene” capability of catching and absorbing leaks and spillage of petroleum products including antifreeze from breakdowns or repair actions with approved absorbent materials. Keep a supply of acceptable absorbent materials at the project site in the event of spills. Dig up soils contaminated with petroleum products including antifreeze, place in appropriate safety containers, and dispose of according to state or federal laws and rules or regulations.

At minimum, fire extinguishers and hand tools must be located on site in case of a fire ignition while operating machinery or equipment. During times of elevated fire risk, pressurized water and additional fire suppression resources may also be required. Communication via telephone, radio, or satellite device must be available to immediately report emergencies or wildfire if not quickly contained. The Agency may limit or restrict work activity during times of high fire risk.

Minimum allowable practice standards are the Forestry Division’s New Mexico Forest Practices Guideline and Water Quality Protection Guidelines for Forestry Operations in New Mexico, (http://www.emnrd.state.nm.us/SFD/ForestMgt/documents/ForestPracticesGuidelines2008.pdf). In particular, the Contractor will comply with the fire equipment standards established in 19.20.4.9(Q) New Mexico Administrative Code.

The Contractor shall:

· Have a long-handled shovel; Pulaski, McLeod, or combitool; and a five-pound capacity ABC dry chemical fire extinguisher available at the project location when project activities are occurring;

· Ensure that each skidder, feller-buncher, delimber, dozer, log truck, etc., are equipped with a long- handled shovel and a five-pound capacity ABC dry chemical fire extinguisher;

· Ensure each passenger vehicle, light truck, or medium truck up to 40,000 GVW is equipped with a long-handled shovel and a two and one-half pound capacity ABC dry chemical fire extinguisher; and

· Ensure that the tools and fire extinguishers are in good working condition.

FOREST MANAGEMENT TREATMENTS

Cut, Skid, and Deck Specifications:

Project Scope: Removal and staging of forest material from project areas in a variety of habitat types in preparation of transportation and further processing.

Contractor must meet the following minimum requirements:

Adhere to all applicable Forest Harvest Practice Standards (19.20.4.9 NMAC) in addition to the terms and conditions of the work plan; any laws, rules, or regulations of a governmental entity who owns or manages the property where work will take place; laws or rules or regulations that govern the work; the terms and conditions of this Statewide Price Agreement; and the requirements of the underlying funding entity and funding award.

· Use of a feller-buncher, skidder, or equivalent mechanical forestry equipment to fell timber, as determined by the work plan.

· Operations may be ground- or aerial-based, rubber tire skidder, feller buncher, cable yarding, or fully mechanized as determined by Agency Project Manager.

· Contractor may use a combination of hand falling and mechanical harvesting.

· Skid resulting forest material from thinning/harvesting activity, and safely deck material at staging areas specified in the work plan or Agency Project Manager.

· Contractor shall exactly follow specifications of Agency work plans for:

· diameter inside bark at top end of log;

· log length as determined or as capable for hauling;

· slash disposal;

· skid trail closure and landing rehabilitation; and

· Stump height must measure no more than six inches or half diameter of the bole in height from ground/surface level on the upslope side.

· Provide own chainsaws, logging equipment, log trucks (where applicable), and all other appropriate material needed for successful completion.

· Trees that are not marked or prescribed for removal shall not be damaged and remain untouched by treatment activities.

· Follow U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) standards for tree felling or chainsaw operations.

· Furnish the following personal protective equipment (PPE) to employees:

· Boots - all leather, lace-up type, minimum eight inches high with lug type sole in good condition (steel toes are unacceptable);

· Hardhat - plastic, Class B, ANSI Z89.1, OSHA approved, with chinstrap. Must meet National Fire Protection Association 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting and Urban Interface Firefighting, 1998 edition;

· Hearing protection - must meet OSHA standards;

· Gloves - one pair of heavy-duty leather per person;

· Eye protection - one pair per person, shatter resistant; and

· Chaps - must meet OSHA standards.

· Provide warning signs at any ingress/egress points to warn cooperators/customers of the potential for hazardous conditions.

· May be asked to furnish logging equipment with fire suppression gear as determined in individual work plan.

When bidding, price shall be based on a PER ACRE rate, to include wages, equipment needs, travel, per diem, and equipment use. Bids shall be based on pre-existing stocking levels determined as heavy, medium, or light on non-excessive slopes. When the Agency determines at its sole discretion that difficult conditions exist, work plans will specify premium charges of 15% for Level B conditions and 30% for Level C conditions or two Level B conditions.

Defensible Space Thinning Specifications:

Project Scope: Reduce tree and brush densities around homes and structures to reduce wildfire threat. Defensible space projects are generally up to one and one-half acres in size. Chip or remove all cut material depending on the requirements set forth in the work plan.

Contractor must meet the following minimum requirements (minimum):

Adhere to all applicable Forest Harvest Practice Standards (19.20.4.9 NMAC) in addition to the terms and conditions of the work plan, any laws or rules or regulations of a governmental entity who owns or manages the property where work will take place, laws or rules or regulations that govern the work, the terms and conditions of this Statewide Price Agreement, and the requirements of the underlying funding entity and funding award.

1. Fall, limb, and buck (moveable length) trees selected by the Agency at project locations.

1. Remove off site or chip all slash depending on the requirements set forth in the work plan. Chipped slash shall not be located with defensible zones of structures as identified by the Agency Project Manager.

1. Stump height must be flush to the ground and measure no more than four inches in height from ground/surface level.

1. Provide own chainsaws and all other appropriate material needed for successful completion.

1. Meet either the standards established for fallers/chainsaw operators by the National Wildfire Coordinating Group or must be a fully qualified tree faller as certified by a logging or tree company.

1. Follow OSHA standards for tree felling or chainsaw operations.

1. Furnish the following PPE to employees:

1. Boots - all leather, lace-type, minimum eight inches high with lug type sole in good condition (steel toes are unacceptable);

1. Hardhat - plastic, Class B, ANSI Z89.1, OSHA approved, with chinstrap. Must meet NFPA 1977, 1998 edition;

1. Hearing protection - must meet OSHA standards;

1. Gloves - one pair of heavy-duty leather per person;

1. Eye protection - one pair per person, shatter resistant; and

1. Chaps - must meet OSHA standards.

· Provide warning signs at any ingress/egress points to warn cooperators/customers of the potential for hazardous conditions.

· Provide all equipment, supplies, material, repairs, or maintenance of or to Contractor’s equipment or facilities.

When bidding, price shall be based on a PER ACRE rate, to include wages, equipment needs, travel, per diem, and chainsaw use. Bids shall be based on pre-existing stocking levels determined as heavy, medium, or light on non-excessive slopes. When the Agency determines at its sole discretion that difficult conditions exist, work plans will specify premium charges of 15% for Level B conditions and 30% for Level C conditions or two Level B conditions.

Stocking levels for bid include:

Heavy thinning: Existing pre-thinning stocking level is greater than 120 square feet basal area per acre or when 60 square feet of basal area or more is removed.

Medium thinning: Existing pre-thinning stocking level ranges between 100 and 120 square feet per acre or 40 to 60 square feet basal area per acre is removed.

Light thinning: Existing pre-thinning stocking level is less than 100 square feet per acre or when less than 40 square feet of basal area is removed.

Mechanical Thinning Specifications:

Project Scope: Use a HydroAxe, Tiger Cat, Bobcat with attachment, excavator with attachment, or equivalent machine to cut down selected trees/brush. Selected trees/brush shall be marked for cutting as specified in the work plan. Trees/brush shall be cut down to four inches above ground level or less. Downed tree bole and slash shall be masticated such that chip depth does not exceed six inches.

Trees that are not marked or prescribed for removal shall not be damaged and remain untouched by treatment activities.

This activity will take place in a variety of vegetation types and terrains.

· Species may include all native or non-native tree species or woody materials located at a project site.

· Contractor shall provide all necessary labor, insurance, supplies, equipment, and materials needed to successfully complete the project.

Contractor must meet the following minimum requirements:

· Adhere to all applicable Forest Harvest Practice Standards (19.20.4.9 NMAC) in addition to the terms and conditions of the work plan, any laws or rules or regulations of a governmental entity who owns or manages the property where work will take place, laws or rules or regulations that govern the work, the terms and conditions of this Statewide Price Agreement, and the requirements of the underlying funding entity and funding award;

· Stump height must be no more than four inches in height from ground/surface level;

· Provide own chainsaws and all other appropriate material needed for successful completion;

· Meet either standards established for fallers/chainsaw operators by the National Wildfire Coordinating Group or be a fully qualified tree faller as certified by a logging or tree company;

· Follow OSHA standards for tree felling or chainsaw operations;

1. Furnish the following PPE to employees:

1. Boots - all leather, lace-up type, minimum eight inches high with lug type sole in good condition (steel toes are unacceptable);

1. Hardhat - plastic, Class B, ANSI Z89.1, OSHA approved, with chinstrap. Must meet NFPA 1977, 1998 edition;

1. Hearing protection - must meet OSHA standards;

1. Gloves - one pair of heavy-duty leather per person;

1. Eye protection - one pair per person, shatter resistant; and

1. Chaps - must meet OSHA standards.

· Provide warning signs at any ingress/egress points to warn cooperators/customers of the potential for hazardous conditions; and

· Provide all equipment, supplies, material, repairs, or maintenance of or to Contractor’s equipment or facilities.

Price shall be provided on a PER ACRE rate to include wages, equipment needs, travel, per diem, and equipment use. Bids shall be based on general vegetation/fuel type. Bids on this item shall be for thinning on non-excessive slopes (excluding bosque/riparian area projects). When the Agency determines at its sole discretion that difficult conditions exist, work plans will specify premium charges of 15% for Level B conditions and 30% for Level C conditions or two Level B conditions.

Vegetation/fuel…