Boles Snickety PCT LS.docx

SECTION 1: GENERAL REQUIREMENTS REV. 20170103

1.0 INTRODUCTION

The STATE OF MONTANA, (DNRC) Department of Natural Resources / Trust Land Management Division (hereinafter referred to as “the State”) is soliciting bids for Pre-commercial Tree Thinning. A more complete description of the supplies and/or services sought is provided in Section 4 of this LS. Bids submitted in response to this solicitation must comply with the instructions and procedures contained herein.

Prospective bidders are urged to examine the project area prior to submitting a bid.

1.1 CONTRACT TERM

The contract term is for a period of 1.0 years beginning June 16, 2023 and ending June 16, 2024.

*PLEASE NOTE NO OPERATION ON THIS CONTRACT CAN BE DONE BETWEEN APRIL 1 TO JUNE 15 DO TO DNRC RESTRICTIONS.

1.2 INSTRUCTIONS TO BIDDERS

1.2.1 Procurement Officer Contact Information. From the date this LIMITED SOLICITATION (LS) is issued until an offeror is selected and announced by the procurement officer, offerors shall not communicate with any state staff regarding this procurement, except at the direction of Contracting Officer, the procurement officer in charge of the solicitation. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is:

Procurement Officer: Gwen Ungerman Telephone Number: (406)444-6724 Fax Number: (406)444-2684 E-mail Address: ungermang@mt.gov

1.2.2 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.

1.2.3 Interpretation or Representations. The State of Montana 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.

1.2.4 Acknowledgment of Addendum. If the LS 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.

1.2.5 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.

1.2.6 Bid Preparation Costs. The costs for developing and delivering responses to this LS 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.

1.3 Question and Answer Period

1.3.1 Form of Questions. Bidders having questions or requiring clarification or interpretation of any section within this LS must address these issues in writing to the procurement officer listed in this event by the deadline stated on the Q & A Board. Questions received after the deadline may not be considered.

1.3.2 State's Response. The State's response will be posted on the State's website with the LS at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfMontana by the close of business on the date listed. Any other form of interpretation, correction, or change to this LS will not be binding upon the State.

PROSPECTIVE BIDDERS ARE URGED TO EXAMINE THE PROJECT AREA PRIOR TO SUBMITTING A BID.

1.4 BID SUBMISSION

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

1.5 CHANGE OR WITHDRAWAL OF BIDS

1.5.1 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 listed in Section 1.2.1 above. 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).

1.5.2 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 State prior to the final award by the State.

1.6 BID AWARDS

1.6.1 Basis for Award. Bid award, if made, will be to the responsive and responsible bidder who offers the lowest cost to the State in accordance with the specifications set forth in the LIMITED SOLICITATION.

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

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

· Waive any undesirable, inconsequential, or inconsistent provisions of this LS which would not have significant impact on any bid (ARM 2.5.505); or

· If awarded, terminate any contract if the State determines adequate state funds are not available (184313, MCA).

1.7 BIDDER'S REPRESENTATIONS – SIGNATORY AUTHORITY AND NO COLLUSION. Bidder represents that the person submitting the response to this LS is authorized to legally bind the bidder to the bid. The bidder may not withdraw the bid for lack of authority. Bidder shall provide proof of authority of the person signing the LS to bind the bidder upon State's request. The bidder further represents that the proposal has been made without collusion.

SECTION 2: DELIVERY REQUIREMENTS

2.0 SERVICE REQUIREMENTS

2.0.1 Performance Period: Beginning June 16, 2023, and ending June 16, 2024

SECTION 3: SPECIAL TERMS AND CONDITIONS

3.0 ON-SITE REQUIREMENTS/CLEANUP

Each potential contractor should visit the job site to verify measurements and to become fully aware of the conditions relating to the project and the labor requirements. Failure to do so will not relieve the successful contractor of their obligation to furnish all materials and labor necessary to carry out the provisions of the contract.

The Contractor shall adequately protect the work, adjacent property, and the public in all phases of the work. The Contractor shall be responsible for all damages or injury due to their action or neglect.

The Contractor shall maintain access to all phases of the project pending inspection by the State or its representative.

Gate closure required! Contractor must keep the gates closed and locked during all operations.

All work rejected as unsatisfactory shall be corrected prior to final inspection and acceptance.

The Contractor shall respond within seven calendar days after notice of observed defects has been given and shall proceed to immediately remedy these defects. Should the Contractor fail to respond to the notice or not remedy the defects, the State may have the work corrected at the Contractor's expense.

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. Cleanup shall be done to the satisfaction of the Contract Supervisor.

In terms of cleanup, the Contractor shall:

3.1 MEETINGS

The Contractor is required to meet with the State’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract or to discuss the progress made by Contractor and the State in the performance of their respective obligations, at no additional cost to the State. Meetings will occur as problems arise and will be coordinated by the State. The Contractor will be given a minimum of three full working day notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract.

3.2 COMPLIANCE WITH WORKERS’ COMPENSATION ACT

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

3.3 INSURANCE REQUIREMENTS

3.3.1 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.

3.3.2 Primary Insurance. The Contractor's insurance coverage shall be primary insurance with 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.

3.3.3 Specific Requirements for Commercial General Liability. The Contractor shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1,000,000 per occurrence and $2,000,000 aggregate per year to cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns, or subcontractors.

The State, its officers, officials, employees, and volunteers are to be covered and listed as additional insureds; 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.

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

3.3.5 Certificate of Insurance/Endorsements. A certificate of insurance from an insurer with a Best's rating of no less than A- indicating compliance with the required coverages, has been received by the Department of Natural Resources and Conservation PO Box 201601 Helena MT 59620-1601. The Contractor must notify the State immediately, of any material change in insurance coverage, such as changes in limits, coverages, change in status of policy, etc. The State reserves the right to require complete copies of insurance policies at all times.

3.4 CONTRACTOR PERFORMANCE ASSESSMENTS

The State may do assessments of the Contractor's performance. This contract may be terminated for one or more poor performance assessments. Contractors will have the opportunity to respond to poor performance assessments. The State will make any final decision to terminate this contract based on the assessment and any related information, the Contractor's response and the severity of any negative performance assessment. The Contractor will be notified with a justification of contract termination. Performance assessments may be considered in future solicitations.

3.5 MONTANA PREVAILING WAGE REQUIREMENTS – N/A

3.6 TRANSITION ASSISTANCE

If this contract is not renewed at the end of this term, or is terminated prior to the completion of a project, or if the work on a project is terminated for any reason, the Contractor must provide for a reasonable period of time after the expiration or termination of this project or contract, all reasonable transition assistance requested by the State, to allow for the expired or terminated portion of the services to continue without interruption or adverse effect, and to facilitate the orderly transfer of such services to the State or its designees. Such transition assistance will be deemed by the parties to be governed by the terms and conditions of this contract, except for those terms or conditions that do not reasonably apply to such transition assistance. The State shall pay the Contractor for any resources utilized in performing such transition assistance at the most current rates provided by the contract. If there are no established contract rates, then the rate shall be mutually agreed upon. If the State terminates a project or this contract for cause, then the State will be entitled to offset the cost of paying the Contractor for the additional resources the Contractor utilized in providing transition assistance with any damages the State may have otherwise accrued as a result of said termination.

3.7 CONTRACT TERMINATION

3.7.1 Termination for Cause with Notice to Cure Requirement. The State may terminate this contract for failure of the Contractor to perform any of the services, duties, or conditions contained in this contract after giving the Contractor written notice of the stated failure. The written notice must demand performance of the stated failure within a specified period of time of not less than 10 days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period.

3.7.2 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 of this contract in a subsequent fiscal period. (See section 18-4-313(4), MCA.)

3.8 CONTRACT SECURITY – N/A

3.9 CAMPING ON STATE LAND

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

The contractor will store human or pet food, livestock food, garbage, and other attractants in a bear-resistant manner. (See Attachment E, Working in bear habitat) The contractor will not bury or discard attractants in the sale area, or burn attractants (such as food leftovers) in an open campfire.

3.10 FIRE PROTECTION

A. The Contractor is required to conduct his operation in accordance with the Montana Forest Fire Regulations.

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.

3.11 WORK PROGRESS AND CONTRACT PERFORMANCE

A. No activity may occur on the project area until a pre-operations meeting is conducted between representatives of the Contractor and the State. The Contractor shall notify the Forest Officer at least seven (7) days prior to the start of operations to schedule the pre-operations meeting.

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 Agreement, in whole or in part, by written notice in any one of the following circumstances:

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

2) Failure of the Contractor to correct unsatisfactory performance or work within 5 days after it has been brought to the Contractor’s attention.

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

3.12 CONTRACT AGREEMENT ADMINISTRATION

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

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

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

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

2) Make recommendations for payment.

3.13 CONTRACTOR AND STATE OBLIGATIONS

A. The Contractor will:

1) 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.

2) Notify DNRC's Contract Supervisor at least 48 hours before Contractor commences any field work in the project area. Contractor shall also inform Contract Supervisor of the crew size, supervisor(s), name(s), place of lodging and estimated daily WORK RATE.

3) The contractor shall provide each employee with a copy of the “working in bear habitat” brochure (see contract attachment E).

B. The contractor is prohibited from carrying firearms while conducting contract operations [ARM 36.11.432(1)(m); 36.11.433(1)(d); 36.11.443(2)].

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.

3.14 SUBCONTRACTOR AGREEMENT

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

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

3.15 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.

3.16 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. To receive full payment 90% of each unit area must meet the target stocking (Table 4) of trees per acre when thinning is complete.

B. The thinning will be checked for compliance to prescribed residual levels by sight estimate and/or 1/250-acre circular plots. If plots are taken to determine compliance, the minimum sample intensity shall be .5 plots per acre.

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

SECTION 4: SPECIFICATIONS AND PRICING SCHEDULE

4.0 PRICES

4.0.1 Fixed Price Contract. All prices are fixed for the duration of the contract and are not subject to escalation for any cause. Payment of the total fixed bid price shall constitute full payment for performance of the work and covers all costs of whatever nature incurred by the Contractor in accomplishing the work in accordance with the provisions of the contract.

4.1 ALL-OR-NONE AWARD

Awards will be made on an all-or-none basis. Failure of a bidder to provide prices for all line items listed on the Schedule may be cause for rejection of the entire bid. However, a bidder may enter "No Cost" in the unit price and extended amount columns to indicate that the item is being offered at "No Cost."

4.2 DEFINITIONS:

Average Spacing: The average distances between all leave trees necessary to provide the desired number of leave trees per acre.

Crown Spacing: The horizontal distance from the widest part of the crown of one leave tree to the widest part of the crown of the next leave tree.

DBH: Diameter breast height - The diameter of the stem measured at a point 41/2 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 tree.

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

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

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

Lopping: Cutting limbs from stems of trees.

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

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

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

Slash: Limbs and stems of downed trees.

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

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

4.3 SPECIFICATIONS

INTRODUCTION

The Department of Natural Resources and Conservation/South West Land Office (DNRC/SWLO) is soliciting bids for pre-commercial thinning of 21.7 acres on the Clearwater Unit. An award will be made to the vendor with the lowest Total Bid Price (TBP) for the following Boles Snickety PCT. This thinning must be completed by June 16, 2024. Approval of work will be determined by the Forest-officer.

The current stand conditions are shown in the following table:

Table 1 – Unit Information

UNIT

STR

ACRES

SLOPE PERCENT

DBH (inches)*

Height (feet)*

EXISTING TREES PER ACRE**

COMPLETITION DATE

Boles Snickety U-1

6.76’

The Contractor will thin trees in the units shown in Attachment B. The Contractor will progress at a rate that indicates all required work be accomplished within the performance period. Thinning will be accomplished according to the following specifications:

(A) General specifications:

Only conifer trees taller than 2 feet in height and less than 6 inches DBH shall be cut to achieve the required target stocking. Requirements specific to each project area are shown in Table 2.

TABLE 2 – SPACING REQUIREMENTS SPECIFIC TO THE PROJECT AREA UNITS

TREES PER ACRE*

TARGET

UNDERSTORY

AVERAGE

SPACING*

Boles Snickety

PCT

302 - 436

11 feet 10 foot minimum, 12 foot maximum

* - The average stem spacing should vary so that the best trees are retained. “Clumps” are ok. Portions of this stand will not meet the definitions under this category. Generally, two or more sides of the crown of the leave tree should have a minimum of 8 feet of open-air space between itself and the tips of other tree crowns. No “sawlog” trees will be felled under this contract. These stands are very clumpy. FOLLOW REQUIREMENTS WITHIN ATTACHMENT B.

(B) Selection criteria:

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

1) Indicators of desirable leave trees are:

2) Indicators of undesirable trees are:

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:

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

a) Wester larch

b) Ponderosa pine

c) Douglas-fir / lodgepole pine

(D) Boundaries: Boles Snickety PCT / slashing boundary is marked with ONE DOT OF PURPLE PAINT and ORANGE and PINK / BLACK CHECKER flagging. Unit boundary was traversed and acreage determined using the Global Positioning System (GPS).

4.4 FELLING REQUIREMENTS – All Projects:

(A) Cut trees shall be completely severed from the stump. No “lazy straps" will be permitted.

(B) All felled trees shall be severed below the lowest live limb.

(C) The maximum stump height shall be 6.5 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, fencelines, established land corners, and streams. Any trees felled on such areas shall be removed.

(F) Dead standing trees of the thinning size MUST BE CUT.

(G) Bearing, section-line, or trail-blazed trees shall not be cut.

4.5 SLASH REQUIREMENTS – NOTE THIS PROJECT CONTAINS SLASH REQUIREMENTS

(A) Thinning slash created within 75 feet of southern and western ownership lines shall be piled. All piles must be at least 10 feet away from standing trees. Clearing area for piles is allowable. All “jack-straw” logs must be cut to decrease fuel height. These logs will be left on site after lopping. The approximate acres to be piled is 3.76 acres. A map is included within this contract.

(B) Thinning slash shall be bucked and limbed to within 18 inches of the ground throughout the remainder of the thinning unit. Treatment with other mechanical methods that is approved by the Contract Supervisor will satisfy this requirement.

(C) Thinning slash shall be confined within unit boundaries.

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

(E) The Contract Supervisor may approve salvage of thinning slash.

Boles Snickety PCT

ATTACHMENT B

Boles Snickety PCT U-1

Prescription: This is a 21.7 acre thinning unit. Only hand thinning is accepted. It is heavily stocked with some clumpy areas and presents a concern of future infestation of mountain pine beetle, fuel management, and tree growth. Conditions are quite similar throughout this unit as it includes areas of extremely tight spacing in smaller size classes. Boundary portions of this unit must be handpiled after pre-commercial thinning has been done. This area would be 75 feet in depth. Within this area the existing logs must be lopped to decrease fuels along the ownership line. Areas inside that boundary piling area shall be bucked and limbed to within 18 inches of the ground throughout the remainder of the unit. Total acreage of the piling would be approximately 3.76 acres. This treatment will remove overstocked understory trees, remove poor quality trees, decrease ability for beetle outbreaks, and reduce the fuel ladder concerns. The general spacing between the understory leave trees will be around 11 x 11 foot spacing in areas with multiple leave trees. Overstory trees will not be used in the spacing above, this applies to pre-commercial sized trees. Please see Attachment D for an example of spacing and piling.

Boundary flagging is ORANGE AND PINK/BLACK CHECKER. The painted boundary is marked with ONE PURPLE DOT. Ownership lines are marked with RED flagging and THREE RED HORIZONTAL PAINT STRIPES

*CONTRACTORS AND OR BIDDERS ARE NOTIFIED THAT ESTIMATES WITHIN THIS CONTRACT WERE ESTABLISHED BY 1/250TH ACRE PLOTS AND MAY OR MAY NOT BE THE CONDITIONS THAT ARE SEEN WITHIN THE THINNING UNITS. YOUR OWN WALK THROUGH IS SUGGESTED AND EXPECTED PRIOR TO BIDDING.

THINNING PROJECT SUMMARY

Unit Name: Boles Snickety PCT U-1

Date of plots: May 25, 2022

Total cut / total plots Leave trees /acre Total Lv / total plots

BOLES SNICKETY PCT

ATTACHMENT C

FOREST FIRE RULES & REGULATIONS

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

Related State statute numbers are provided as a reference

RULE I - DEBRIS BURNING

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

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

3. Written authorization is not required for campfires.

RULE II - CAMPFIRES

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

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

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

RULE III - RAILROADS AND POWERLINES

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

RULE IV - EQUIPMENT

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.

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

RULE XIII - DEFINITIONS

Backpack Pump: 5-gallon minimum; standard galvanized metal, fiberglass, or rubberized backpack water container with attached 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.

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Microsoft_Excel_97-2003_Worksheet.xls Sheet1

ATTACHMENT D

Cut ALL understory trees CUT TO SPACING REQUIREMENTS Pile that is NOT under the overstory below the crown of the overstory trees or pre-commercially thinned trees

(drip line) Piles must be at least 8 feet in height and 15 feet from surrounding leave trees

ROAD CLEARING

Road Prism CUT SLOPE OF ROAD

Remove all trees less than 6" dbh from cut and fill slopes

FILL SLOPE OF ROAD

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