LS_Barking_DogII_Tree_and_Boundary_Marking.doc

SECTION 1: GENERAL REQUIREMENTS REV. 20210216

1.0

INTRODUCTION

The STATE OF MONTANA, Forestry Division/GNA Bureau (hereinafter referred to as “the State”) is soliciting bids for Barking Dog Timber Harvest: Tree Marking - Phase 2. The work to be performed is on the Helena-Lewis & Clark National Forest. A more complete description of the supplies and/or services sought is provided in Section 4 of this Limited Solicitation. 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 20th, 2023.

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.

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

An optional Pre-Bid Telephone Conference Call will be conducted on August 21, 2023 at 8:30 am Mountain Time. Bidders who would like to attend this meeting, contact Gwen Ungerman via email ungermang@mt.gov no later than 3:00 pm, local time, August 17, 2023 to receive the phone number.

Bidders are encouraged to use this opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the State of any ambiguities, inconsistencies, or errors discovered upon examination of this LS. All responses to questions at the Pre-Bid Conference will be oral and in no way binding on the State. Participation in the conference call is optional. However, it is advisable that all interested parties participate.

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. It shall be the bidder’s sole risk to assure delivery at the receptionist's desk at the designated office by the designated time.

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 service described in this bid as soon as possible but no later than October 20, 2023.

2.0.2 Project Location. The project work area is located on the Helena Ranger District of the Helena-Lewis & Clark National Forest, approximately 45 miles northeast of Helena, MT. This project area is located within Township 12N, Range 01W, Sections: 12 &13; Township 12N, Range 01E, Section 07, 08, 15, 17, 18, 19; Lewis & Clark County, MT.

SECTION 3: SPECIAL TERMS AND CONDITIONS

3.0

PREFERENCE NOT APPLIED

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.

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 project area free from debris and accumulation of waste;

(b) Clean up any paint, oil or fuel spills;

(c) Keep vehicles utilized for transportation to and from the project area clean and free of weeds.

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. - NA

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

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.

3.6

MONTANA PREVAILING WAGE REQUIREMENTS

3.6.1 Montana Resident Preference. The nature of the work performed, or services provided, under this contract meets the statutory definition of a "public works contract" in section 18-2-401, MCA. Unless superseded by federal law, Montana law requires that contractors and subcontractors give preference to the employment of Montana residents for any public works contract in excess of $25,000 for construction or non-construction services in accordance with sections 18-2-401 through 18-2-432, MCA, and all administrative rules adopted in relation to these statutes.

Unless superseded by federal law, each contractor shall ensure that at least 50% of a contractor's workers performing labor on a construction project are bona fide Montana residents.

The Commissioner of the Montana Department of Labor and Industry has established the resident requirements in accordance with sections 18-2-403 and 18-2-409, MCA. Any and all questions concerning prevailing wage and Montana resident issues should be directed to the Montana Department of Labor and Industry.

3.6.2 Standard Prevailing Rate of Wages. In addition, unless superseded by federal law, all employees working on a public works contract shall be paid prevailing wage rates in accordance with sections 18-2-401 through 18-2-432, MCA, and all associated administrative rules. Montana law requires that all public works contracts, as defined in section 18-2-401, MCA, in which the total cost of the contract is in excess of $25,000, contain a provision stating for each job classification the standard prevailing wage rate, including fringe benefits, travel, per diem, and zone pay that the contractors, subcontractors, and employers shall pay during the public works contract Furthermore, section 18-2-406, MCA, requires that all contractors, subcontractors, and employers who are performing work or providing services under a public works contract post in a prominent and accessible site on the project staging area or work area, no later than the first day of work and continuing for the entire duration of the contract, a legible statement of all wages and fringe benefits to be paid to the employees in compliance with section 18-2-423, MCA.

Section 18-2-423, MCA, requires that employees receiving an hourly wage must be paid on a weekly basis. Each contractor, subcontractor, and employer must maintain payroll records in a manner readily capable of being certified for submission under section 18-2-423, MCA, for not less than three years after the contractor's, subcontractor's, or employer's completion of work on the public works contract.

All contractors and employers shall classify each employee who performs labor on a public works project according to the applicable standard prevailing rate of wages for such craft, classification, or type of employee established by the Commissioner of the Montana Department of Labor and Industry, and shall pay each such employee a rate of wages not less than the standard prevailing rate as specified in the Montana Prevailing Wages Rates Non-Construction Services 2023.

3.7

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.

3.8

CONTRACT TERMINATION

3.8.1 Termination for Cause. The State may, by written notice to the Contractor, terminate this contract in whole or in part at any time the Contractor fails to perform this contract.

3.8.2 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 5 days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period.

3.8.3 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.

3.9 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.

3.10

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.

3.11 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.

3.12 CONTRACTOR AND STATE OBLIGATIONtc \l2 "CONTRACTOR AND STATE OBLIGATIONS A.

The Contractor will furnish all labor, equipment, supervision, transportation, materials, and incidentals necessary to satisfactorily complete the Contract Agreement, including all safety equipment required by current laws and regulations.

B.

DNRC shall furnish:

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

2) Orange tree and boundary marking tracer paint. Black tracer paint will be issued for correcting marking errors if necessary.

3) Copies of project area maps. Shapefiles or geo-referenced harvest unit maps are available upon request.

4) 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

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

SPECIFICATIONS AND PRICING SCHEDULE

4.2.1 Purpose of Service.

The purpose of service is to assist with preparation of proposed timber sale harvest units on the Helena-Lewis & Clark National Forest. Work will involve marking leave trees in timber sale harvest units. The Contractor will determine leave trees to be marked based on marking guides and silvicultural prescriptions provided for each timber harvest unit. Harvest unit boundary locations are marked with orange paint.

Work Environment – Work will be performed in a remote, high elevation, mountainous forested area with variable topography. Dead standing and downed trees are present. Hiking across uneven terrain with rocks, brush and down timber will be required. Native wildlife, including bears, may be encountered. Highly variable weather conditions can be expected. Cell phone coverage may be limited or non-existent within the project area. Emergency services are located over an hour driving time from the project area.

Road Access - Access to work area is on native and gravel surfaced forest roads that may require use of high clearance or 4-wheel drive vehicle. No road maintenance/improvement will be conducted to provide or improve access to the project area during the contract period. Project area roads located behind a locked gate will require a Forest Service District Access Permit to grant vehicle access behind the road closure. The contactor will be provided a Motor Vehicle Use Map for the Helena-Lewis & Clark National Forest upon request. Most proposed timber harvest units are located within relatively proximity to existing roads (see Project Area Map) though hiking to units will be required.

4.2.2 Description of Service

Contractor Supplied Tools and Personnel Qualifications – Contractor will supply paint guns in good working order. Also required will be forest stand density measuring tools such as angle gauges, prisms, or relaskops. Diameter tapes may be necessary to measure tree diameters.

All Contractor personnel marking leave trees must be able to identify and differentiate between native tree species such as aspen, whitebark pine, limber pine, ponderosa pine, lodgepole pine, subalpine fir, Engelmann spruce and Douglas fir. Tree marking personnel must also be able to measure basal area and estimate live tree crown percentage.

All tree marking personnel must be able to identify trees with evidence of common forest insect and disease problems such as pine or fir beetle infestation, dwarf mistletoe, and western spruce budworm defoliation. Tree marking personnel must be able to identify tree physical deformities such as fire and snow damage, sweep, crook, top kill, and flat or thinning tree crown.

If the Contract Supervisor determines that any member of the Contractors workforce does not have all the skills and abilities necessary to successfully perform tree marking then the Contractor Supervisor will require that the Contractor remove the that member from tree marking duty until such individual is able to successfully demonstrate to the Contract Supervisor that they have acquired all the skills and qualifications necessary to perform the work successfully.

Paint Accountability Specifications – All paint to be utilized by the contractor for leave tree marking will be Forest Service sourced tracer paint issued by the Contract Supervisor. The Contractor is required to maintain a daily record on the lot number and quantity of each type of tracer paint used in each harvest unit. A Tree and Boundary Paint Usage Daily Log Form (see Attachment C) will be provided by the Contract Supervisor. The Contractor shall keep any paint not in use secured in a lock system and location approved by Contract Supervisor. All unused paint and empty paint containers will be returned to the Contract Supervisor. Specific logistics for issuing and return of all paint will be determined during the pre-work conference. A Material Safety Data Sheet (MSDS) for paint will be provided to the Contractor at the pre-work meeting.

Leave Tree Marking Specifications – All leave trees will be marked with orange tracer paint. Leave trees shall be painted with a single horizontal band of paint which must be visible on all sides of the tree. The band shall be at least 2 inches wide and between 5 and 7 feet above the ground as measured from the uphill side of the tree. A stump mark is required for all leave trees. The mark shall form a horizontal stripe extending at least one-fourth the tree circumference or 12 inches in length, whichever is greater, and at least 2 inches wide on the base of the tree at ground level on the downhill side. Paint should be applied in crevices of the bark when possible to ensure longevity of paint on the tree. Painting shall be done in accordance with manufacturers directions and safe practices. Trees shall not be marked during wet or snowy periods when paint is unlikely to stick to trees. Observed paint failure on marked trees will require remarking during favorable conditions.

Leave tree marking will be regularly checked by the Contract Supervisor or their designated representative. Where it is necessary for the Contractor to make changes in trees originally marked, the Contractor shall completely obliterate any paint marking errors with black tracer paint that has been provided by the Contract Supervisor. No pay adjustment will be made for correcting marking errors.

Leave Tree Marking Guide Criteria - The Contractor shall designate trees to leave in each harvest unit by following guidelines contained in the marking guide provided for each unit by the Contract Supervisor. Summarized descriptions of marking guides are provided below for informative purposes. Final marking guides may change somewhat prior to project implementation and include additional criterial specific to individual harvest units. There are four basic silvicultural prescriptions that will be incorporated into marking guides.

1. Two-aged Seed Tree with Reserves

· Retain 10-40 trees per acre, 30-75’ apart (no further than 150’)

· Retain heathiest, generally the largest, wind firm, and most fire-resistant Douglas fir and ponderosa pine.

· Cut all lodgepole pine > 6” DBH

2. 2-Aged Shelterwood with Reserves

· Retain 20-50 trees per acre, 20-50’ apart (no further than 100’)

· Retain heathiest, generally the largest, wind firm, and most fire-resistant Douglas fir and ponderosa pine.

· Cut all lodgepole pine > 6” DBH

3. Improvement Harvest

· Retain 60-80 square feet of basal area (BA) per acre

· Retain heathiest, wind firm, and most fire-resistant Douglas fir and ponderosa pine, minor components of other species are acceptable.

· Cut all lodgepole pine > 6” DBH

4. Improvement Harvest (Old Growth)

· Retain 80-100 square feet of basal area (BA) per acre

· Retain all live lodgepole pine, Engelmann spruce, and ponderosa pine

· Cut all subalpine fir, unless otherwise noted in the prescription

· Leave all Douglas fir = or > 19” DBH, unless infested by beetle; if patches of 19” DBH trees are over ¼ acre and 100 ft2 thin the patch 100 ft2 of BA per acre. The goal is to retain or promote at least 5 Douglas fir trees > or = to 19” DBH per acre.

· Vary density to select the best residuals, but avoid consistently over or under marking

Payment Schedule - Payments will be made upon satisfactory completion of individual harvest units based upon an invoice submitted by the Contractor and approval of work performed by the Contact

Supervisor. Individual invoices submitted for payment should include a minimum of three completed harvest units.

2-Aged Seedtree

2-Aged Shelterwood

ATTACHMENT A

ATTACHMENT B

FOREST FIRE RULES & REGULATIONS

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

Related State statute numbers are provided as a reference

RULE I - DEBRIS BURNING

1.

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

2.

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

3.

Written authorization is not required for campfires.

RULE II - CAMPFIRES

1.

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

2.

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

3.

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

RULE III - RAILROADS AND POWERLINES

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

RULE IV - EQUIPMENT

1.

All internal combustion engines must be equipped with an approved and effective spark-arresting system, as established in the National Wildfire Coordinating Group’s Spark Arrester Guides. Spark-arresting devices must be marked, properly installed, and maintained in accordance with the Guides. The following vehicles are exempt:

a.

automobiles and light trucks of less than 23,000 GVW when all exhaust gases pass through a properly installed and maintained exhaust system, baffle-type muffler, and tailpipe. Vehicles with glass-pack mufflers do not qualify for the exemption.

b.

heavy-duty trucks of 23,000 GVW or greater, with a muffler and vertical stack exhaust system extending above the cab.

c.

vehicles with other spark-arresting systems providing equal or increased effectiveness. Such vehicles must be inspected and have written authorization from the recognized fire protection agency.

2.

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

RULE V - FLAMING AND GLOWING SUBSTANCES

1.

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

2.

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

RULE VI - FIREWORKS

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

RULE VII - WILDLAND/URBAN INTERFACE

1.

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

2.

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

RULE VIII - FIRE EXTINGUISHERS AND FIREFIGHTING TOOLS

1.

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

2.

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

3.

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

4.

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

5.

All commercial, ranching, or industrial activities must have:

a.

one usable shovel or pulaski with each vehicle and equipment with an internal combustion engine/motor, mobile or stationary.

b.

one backpack pump with each vehicle and with any equipment, used off road, mobile or stationary, with an internal combustion engine/motor, that cannot be used to build fireline and is being operated on combustible material.

6.

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

RULE IX - FOREST ACTIVITY RESTRICTIONS

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

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. SHAPE \* MERGEFORMAT

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.

ATTACHMENT C

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