Butcher PCT LS.doc

SECTION 1: GENERAL REQUIREMENTS REV. 20210216

1.0

INTRODUCTION

The STATE OF MONTANA, Stillwater Unit (hereinafter referred to as “the State”) is soliciting bids for the Butcher PCT project. 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.

1.1

CONTRACT TERM

The contract term begins upon contract execution and ends October 31, 2024.

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: Trenton Hatch 125 North Roberts RM 165 Helena, MT 59601-1601 Telephone Number: (406) 444-3315 E-mail Address: Trenton.Hatch@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.

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

PRE-BID CONFERENCE

1.3.1 Form of Questions. Bidders having questions or requiring clarification or interpretation of any section within this LS must address these questions in writing utilizing the Q & A board within eMACS. Questions received after the deadline listed within eMACS 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.

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.

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 (18‑4‑313, 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: SERVICE REQUIREMENTS

2.0

SERVICE REQUIREMENTS

2.0.1 Contract Completion Date. The Contractor shall perform all services described in this bid as soon as possible but no later than October 31, 2024.

2.0.2 Performance Period: Contract Term is upon execution through October 31, 2024. Operation timing period for Unit 1 is June 16 – March 31 annually, as conditions allow which is to be determined by the Contract Supervisor.

2.0.3 Project Location. Project area is located approximately 7 miles southwest of Trego, MT, in Lincoln County. From the Trego Post Office, proceed south on Fortine Creek Road for 7 miles, turn left onto USFS Road 3606. Immediately after crossing the BNSF Railway tracks, turn left onto State land and access to cutting unit. To access this unit please see Attachments A and B. THIS ROAD IS GATED, PLEASE STOP AT THE STILLWATER STATE FOREST HEADQUARTERS (7425 HIGHWAY 93 N OLNEY, MT 59927) FOR A GATE KEY/COMBO TO ACCESS THIS UNIT.

SECTION 3: SPECIAL TERMS AND CONDITIONS

3.0 PREFERENCE NOT APPLIED – (Contracting Officer will determine)

Reciprocal preference will not be applied to this purchase because federal funds are involved (ARM 2.5.408).

3.1

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.

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.

In terms of cleanup, the Contractor shall:

(a) Keep the premises free from debris and accumulation of waste;

(b) Clean up any oil or fuel spills;

(c) Keep machinery clean and free of weeds;

(d) Remove all construction smears and stains from finished surfaces;

(e) Perform finishing site preparation to limit the spread of noxious weeds before final payment by the State; and

(f) Remove all construction equipment, tools, and excess materials before final payment by the State.

3.2

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.

3.3

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.

3.4

INSURANCE REQUIREMENTS

3.4.1 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.

3.4.2 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.

3.4.3 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.

3.4.4 Specific Requirements for Automobile Liability. The Contractor shall purchase and maintain coverage with split limits of $500,000 per person (personal injury), $1,000,000 per accident occurrence (personal injury), and $100,000 per accident occurrence (property damage), OR combined single limits of $1,000,000 per occurrence 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 automobiles leased, hired, or borrowed by the Contractor.

3.4.5 Specific Requirements for Professional Liability. – N/A

3.4.6 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.

3.4.7 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.

3.5

INTELLECTUAL PROPERTY- N/A

3.6

PATENT AND COPYRIGHT PROTECTION- N/A

3.7

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.

3.8

CONTRACTOR REGISTRATION- N/A

3.9

CONTRACTOR WITHHOLDING- N/A

3.10

MONTANA PREVAILING WAGE REQUIREMENTS- N/A

3.11

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.

3.12

CONTRACT TERMINATION

3.12.1 Termination for Convenience. The State may, by written notice to the Contractor, terminate this contract without cause. The State must give notice of termination to the Contractor at least 15 days prior to the effective date of termination.

3.12.2 Reduction of Funding. The State must by law 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. (18-4-313(4), MCA.) If state or federal government funds are not appropriated or otherwise made available through the state budgeting process to support continued performance of this contract (whether at an initial contract payment level or any contract increases to that initial level) in subsequent fiscal periods, the State shall terminate this contract as required by law. The State shall provide Contractor the date the State's termination shall take effect. The State shall not be liable to Contractor for any payment that would have been payable had the contract not been terminated under this provision. As stated above, the State shall be liable to Contractor only for the payment, or prorated portion of that payment, owed to Contractor up to the date the State's termination takes effect. This is Contractor's sole remedy. The State shall not be liable to Contractor for any other payments or damages arising from termination under this section, including but not limited to general, special, or consequential damages such as lost profits or revenues.

3.13 CONTRACT SECURITY- N/A

3.14

CAMPING ON STATE LAND

Contractor personnel may, with written approval from the DNRC, camp on State land during the contract period. Such camping will be at the Contractor’s own risk. Any camps will be made according to conditions set forth by DNRC and in compliance with all local, state, and federal rules and regulations.

3.15 FIRE PROTECTIONtc \l2 "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.

3.16

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. NO WORK SHALL BEGIN PRIOR TO THIS CONFERENCE.

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.

3.17 CONTRACT AGREEMENT ADMINISTRATIONtc \l2 "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.

3.18 CONTRACTOR AND STATE OBLIGATIONtc \l2 "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) Provide a crew leader that can speak fluent English and will be always present on the site when the crew is working.

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

B.

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.

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

ITEM-BY-ITEM AWARD

Awards will be made on an Item-by-item 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

SPECIFICATIONS AND PRICING SCHEDULE

4.2.1 Project Location:

PCT Unit 1 is located approximately 7 miles southwest of Trego, MT. To access this unit please see Att. B. page 1 and transportation route identified.

4.2.2 Project Description:

· This project requires the use of a chain saw and/or brush cutter to hand thin sapling sized trees in a 40 acre cutting unit.

· Average tree spacing following thinning shall be 14’ x 14’.

· There may be old skid-trails spaced approximately 30’ apart from each other in the cutting unit. These old trails remain open w/ little to no regen. These areas are included in unit total acreage.

· Please refer to Attachment E. Thinning Prescriptions & Attachment F. General Specifications for leave tree selection guidance, thinning standards, and definitions pertaining to pre-commercial thinning.

A. Boundaries – Unit boundaries are marked with orange ribbon and orange painted stripes (3 horizontal). All unit boundaries were traversed and acreage determined using the Global Positioning System (GPS).

4.2.3

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 (Attachment E Thinning Prescription) of trees per acre when thinning is complete.

B. The pre-commercial thinning will be checked for compliance to prescribed residual levels by sight estimate and/or 1/300th acre circular plots. If plots are taken to determine compliance, the minimum sampling intensity shall be 1 plot per two acres.

REV 202307