26-225 Heavy Equipment – Road Maintenance Services

STATE OF IDAHO

DEPARTMENT OF LANDS

GNA HEAVY EQUIPMENT

INVITATION TO BID NO. 26-225

DUE BEFORE 3:00:00 PM PT ON MARCH 27, 2026

Idaho Department of Lands

GNA HEAVY EQUIPMENT

INVITATION TO BID NO. 26-225

Table of Contents

Page

Schedule of Events 3

Invitation to Bid Instructions 4

Standard Contractor Information 6

Draft Contract 10

Special Provisions 26

Scope of Work & Maps 31

Task Order Draft 35

Exhibit 1 Area Map 36

AD-1048 37

Idaho Title 18, Chapter 87 40

SCHEDULE OF EVENTS

Invitation to Bid Release February 26, 2026

Deadline for Receipt of Written Inquiries March 13, 2026

Bid Due Date March 27, 2026

Anticipated Intent to Award Date April 1, 2026

Anticipated Contract Award Date April 9, 2026

STATE OF IDAHO

DEPARTMENT OF LANDS

INVITATION TO BID 26-225

GNA HEAVY EQUIPMENT

RESPONSES DUE BEFORE 3:00:00 PM PT ON MARCH 27, 2026

The purpose of this Invitation to Bid (ITB) package is to solicit sealed bids for the efficient completion of the HEAVY EQUIPMENT work outlined in the attached Scope of Work, maps and contract documents.

NOTE: Your company must be registered in LUMA as a supplier to be awarded a contract.

PRE-BID MEETING:

This Invitation to Bid is time sensitive and does not involve a pre-bid meeting. It is to your benefit to immediately review the document and ask questions (if any) as soon as possible.

QUESTIONS:

All questions related to this Weighted Invitation to Bid shall be directed to Sherry Leason at . Inquiries, including any questions regarding terms and condition requirements contained in the Draft Contract (Page 5) must be submitted in writing using the Bidder Questions document attached. Verbal questions will not be accepted. The deadline for receiving questions is 11:59 P.M., PT, on March 13, 2026. Only questions answered by written amendment are binding. Oral interpretations have no legal effect. Unofficial communication streams are not binding and at the Contractors own risk. Responses to questions received will be posted as an addendum on the IDL website at .

INSTRUCTIONS:

The submitting Vendor agrees that its Bid, Quotation or Proposal shall be good and may not be withdrawn for a period of ninety (90) days after the scheduled closing date, unless otherwise identified in the Solicitation. No Bid, Quotation or Proposal will be accepted if marked "price prevailing at time of delivery," "estimated prices," "actual costs to be billed," or similar phrases. After the date and time of closing, no price change will be allowed, unless otherwise stated in the Solicitation. All Bids, Quotations and Proposals must be in U.S. Dollars.

All price bids must be entered on the attached Schedule A. Bids may be entered electronically in the excel version of the Schedule A. Simply enter the PRICE PER UNIT and the Excel sheet will calculate the TOTAL EXTENDED AMOUNT. Then print and sign the form OR print the blank form and enter bids by hand and sign it. The signed Schedule A shall be returned to either the Email or physical address listed below. The right is reserved to accept bids on each item separately or as a whole. IDL reserves the right to award contract(s) on an all or nothing basis or to accept any portion of a bid or to award multiple contracts if in the best interest of the State. Idaho Department of Lands shall award to the qualified respondent(s) submitting the lowest responsive, responsible bid. A minimum number of contracts will be awarded per area as identified in Section 7.2, as a result of this solicitation and in the best interest of the State.

In the case of math errors, the PRICE PER UNIT will be correctly extended, and the corrected TOTAL EXTENDED AMOUNT will be the basis for award.

ITB DEADLINE AND DELIVERY REQUIREMENTS:

Sealed bids must be received by the Idaho Department of Lands at 3284 West Industrial Loop, Coeur d'Alene Idaho 83815 before 3:00:00 PM PT on March 27, 2026. The Department of Lands is not responsible for lost or undelivered bids or for failure of the United States Postal Service or any mail courier service to deliver bids to the Idaho Department of Lands by the bid deadline. The Idaho Department of Lands assumes no responsibility for failure of any electronic submission process, including any computer or other equipment to deliver all or a portion of the Bid at the time, or to the location required by the Solicitation. The date and time of electronically received bids, to the Idaho Department of Lands email address listed below, will be used to determine if electronically submitted bids were received by the due date and specified time. Late bids will not be accepted. Faxed bids will not be accepted.

Delivery Address:

Idaho Department of Lands

ATTN: Sherry Leason, Contracts Officer

3284 West Industrial Loop

Coeur d'Alene ID 83815

OR

A bid submitted using "Express/Overnight" services must be shipped in a separate sealed inner envelope identified as stated below and enclosed inside the "Express/Overnight" shipping envelope.

Mailed bids are to be mailed in a sealed envelope and are to be marked in the lower left-hand corner with the following information:

Sealed Bid For: ITB 26-225 - GNA Heavy Equipment

Responses due: Before 3:00:00 PM PT on 3/27/2026

Emailed bids are to be marked in the subject line with the following information:

Sealed Bid For: ITB 26-225 - GNA Heavy Equipment

Responses due: Before 3:00:00 PM PT on 3/27/2026

PUBLIC BID OPENING

There will be a public bid opening at 3:15:00 P.M. (PT) on 3/27/2026. Participants may attend via IDL's phone conferencing solution in place of attending in person by calling 208-769-1525 and asking to be transferred to extension 5058.

STANDARD CONTRACTOR INFORMATION

Purpose

The Idaho Department of Lands (IDL) is soliciting submissions from qualified firms to provide general road maintenance and vegetation management services which will be performed primarily on Federal Lands to include United States Forest Service (USFS) and Bureau of Land Management (BLM). Services to be included in the proposed contract will be directed by the IDL Contracting Officer's Representative (COR) in subsequent task orders.

Note: In some instances, contiguous forests can cross boundaries into private forestland in Idaho or federal lands in adjacent states, and those circumstances will be clearly identified in subsequent task orders issued under the master agreement(s) pursuant to this solicitation.

IDL is currently seeking road maintenance and vegetation management services to expedite hazardous fuels treatment, watershed improvement, and commercial timber harvest projects.

Award

The resulting contracts shall be an Indefinite Delivery/Indefinite Quantity (IDIQ) Agreement. Required services will be on an as-needed basis. The Idaho Department of Lands (IDL) shall award a minimum number of contracts per designated Geographic Area (Area) as shown below. Awards will be made to the lowest responsible and responsive Bidders within each Area who meet all solicitation requirements. IDL reserves the right to award additional contracts beyond the minimum if it is determined to be in the best interest of the State in accordance with Idaho Code 67-9211.

To be eligible for an award, Bidders must be domiciled no further than fifty (50) miles from the boundary of the Geographic Area (See Exhibit 1- Area Map) in which they submit a bid.

Definition of Domicile: For the purposes of this solicitation, "domiciled" shall mean the Bidder's primary place of business, fully staffed office, or operational facility from which services will be staged.

Single Geographic Area Bidding Restriction:

Bidders are permitted to bid on only one (1) Geographic Area under this solicitation.

Alternate Geographic Area Rights

The Idaho Department of Lands (IDL) reserves the right, in its sole discretion, to request quotes for a specific project from contractors awarded in different geographic areas if all currently awarded contractors within the project's primary area are unable to meet the specific needs of the State for that project. Such needs may include, but are not limited to, availability, specialized equipment requirements, strict performance timelines, or emergency conditions. This provision shall not be construed as a waiver of any rights under the existing regional awards but serves to ensure the State's ability to fulfill its land management obligations in the best interest of the State of Idaho.

Background Information

The Good Neighbor Authority (GNA) was permanently authorized by Congress in the 2014 Farm Bill with the intent to increase the pace and scale of authorized restoration activities across jurisdictional boundaries. GNA is an important partnership tool which enables States, Counties, and Indian Tribes to assist with a broad range of resource management aspects as an agent of the USDA Forest Service (USFS), the Bureau of Land Management (BLM), the U.S. Fish and Wildlife Service, or the National Park Service.

The IDL is actively partnering with the USFS and BLM in the planning and implementation of resource management activities to improve forest and watershed health and reduce the threat of wildfire on Federal lands in Idaho. GNA authorizes the use of State processes to carry out restoration activities on Federal lands such as vegetation treatments to improve forest health and reduce hazardous fuels through commercial timber harvest and restoration service contracts.

Addenda

It will be the respondent's responsibility to check for any addenda prior to submitting a bid. In the event it becomes necessary to revise any part of the solicitation documents, addenda will be made available. Information given to a respondent will be available to all other respondents if such information is necessary for purposes of submitting a bid or if failure to give such information would be prejudicial to uninformed respondents. All information will be publicly posted at .

Burden of Proof

ANY VARIATIONS of brand names or deviations from the specifications MUST BE CLEARLY STATED. It shall be the responsibility and burden of the submitting contractor to furnish the State WITH ITS ORIGINAL SUBMISSION sufficient data to determine if the goods or services offered conform to the specifications.

Oral Information

The State will not be responsible for any verbal or oral information regarding a bid.

Disqualification and Award Information

The state reserves the right to make reasonable inquiry to determine the responsibility of a contractor. Such requests may include but not be limited to financial statements, credit ratings, statements of experience and past performance, references, etc. Successful contractors must show to the satisfaction of the Idaho Department of Lands that they have sufficient equipment and work crews to complete the work contracted by the time specified. The unreasonable failure of a contractor to promptly supply information in connection with such a request is reason for disqualification. Except as otherwise provided by law, information furnished by the contractor pursuant to this provision may not be disclosed outside the Idaho Department of Lands without prior written consent of the Contractor.

Partnerships

Contractors responding as partners must furnish the Idaho Department of Lands the name of the partnership, names of the partners, and the partnership's federal taxpayer ID number. All payments will be made to the partnership.

Internal Revenue Services Reporting Requirement

IRS rules and regulations require employers to submit a miscellaneous income form (IRS form 1099) for all contractual persons who receive $600 or more in a calendar year. Incorporated firms are exempt from this reporting requirement. The contractor's taxpayer identification number (Social Security or employer number) must be listed on the signature page of the contract.

Public Records

The Idaho Public Records Law, Idaho Code Sections 74-101 through 74-126, allows the open inspection and copying of public records. Public records include any writing containing information relating to the conduct or administration of the public's business prepared, owned, used, or retained by a state or local agency regardless of the physical form or character. ALL, OR MOST (there are exceptions), OF THE INFORMATION CONTAINED IN YOUR RESPONSE TO THE STATE'S SOLICITATION WILL BE A PUBLIC RECORD SUBJECT TO DISCLOSURE UNDER THE PUBLIC RECORDS LAW.

Worker's Compensation Insurance

All persons working for the State under any contract of hire, expressed or implied, must be covered by worker's compensation insurance. (Reference Title 72, Idaho Code). Contact the Idaho Industrial Commission with any Worker's Compensation questions.

Any contractor who hires employees to accomplish the contracted work must provide a certificate of worker's compensation insurance.

Preferences

Section 67-2349, Idaho Code, requires application of a preference in determining which contractor submitted the highest scoring responsive, responsible bid. If the contractor who submitted the highest-ranking submission is domiciled in a state which has a preference law that penalizes Idaho domiciled contractors, then the State must apply a reciprocal preference. The penalty applied to out-of-state contractors competing against Idaho contractors is determined by the penalty applied by the contractor's domiciliary state to its out-of-state contractors.

In determining domicile, the following "rule of thumb" will be used: Corporations - the state in which the corporation is chartered or incorporated; Sole proprietor or partnership - the state in which the permanent headquarters of the business is located.

A contractor domiciled outside the boundaries of the state of Idaho may be considered as an Idaho domiciled contractor provided that there exists for a period of one year preceding the date of the submission a significant Idaho economic presence as defined herein. A significant Idaho economic presence shall consist of the following: (a) That the contractor maintains in Idaho fully staffed offices, or fully staffed sales offices or divisions, or fully staffed sales outlets, or manufacturing facilities, or warehouses or other necessary related property; and (b) if a corporation, that it be registered and licensed to do business in the state of Idaho with the Office of the Secretary of State.

Rejection of Submissions and Cancelation of Solicitation

Prior to the issuance of a contract, the State shall have the right to accept or reject all or any part of a submission when: (i) it is in the best interests of the State of Idaho; (ii) the submission does not meet the minimum specifications; (iii) the submission is not the highest qualifying submission after evaluation; (iv) a finding is made based upon

available evidence that a respondent is not responsible or is otherwise incapable of meeting specifications or providing an assurance of ability to fulfill contract requirements; or (v) the submission deviates to a major degree from the specifications, as determined by the State (minor deviations, as determined by the State, may be accepted as substantially meeting the requirements). Deviations will be considered major when such deviations appear to frustrate the competitive solicitation process or provide a respondent an unfair advantage. Prior to the issuance of a contract, the State shall have the right to reject all submissions or to cancel the solicitation. Cancellation may be for reasons that include but are not limited to: (i) inadequate or ambiguous specifications; (ii) specifications have been revised; (iii) property is no longer required; (iv) there is a change in requirements; (v) all submissions are deemed unreasonable or sufficient funds are not available; (vi) submissions were not independently arrived at or were submitted in bad faith; (vii) it is determined that all requirements of the solicitation process were not met; (viii) insufficient competition; or (ix) it is in the best interests of the State of Idaho.

Award Procedures

IDL reserves the right to enter into negotiations in accordance with IDL Procurement Policy 455.

The State will notify all respondents by mail and/or email, of its intent to award a contract and the party(ies) to whom the contract will be awarded. After elapse of the five (5) day appeal period, if no appeals are received, the State will award a contract to the successful respondent(s).

Respondents to whom a contract has been awarded will have fourteen (14) calendar days from the date of the award notice to return to the State a signed copy of the contract along with the required bonding and certificates of insurance. If the State does not receive such documents within the specified time period, the State may declare, at its sole discretion, that all respondent's rights to the contract are forfeited.

STATE OF IDAHO

DEPARTMENT OF LANDS

GNA HEAVY EQUIPMENT

CONTRACT NO. TBD

CONTRACTOR TBD

STATE OF IDAHO

DEPARTMENT OF LANDS

GNA HEAVY EQUIPMENT

CONTRACT NO. TBD

TABLE OF CONTENTS

Schedule A Attachment #1

Project Description & maps Attachment #2

AD-1048 Attachment #3

STATE OF IDAHO

DEPARTMENT OF LANDS

GNA HEAVY EQUIPMENT

CONTRACT NO. TBD

THIS CONTRACT is by and between the STATE OF IDAHO, acting through the DEPARTMENT OF LANDS on behalf of the Idaho State Board of Land Commissioners, hereafter referred to as the "STATE," and TBD hereafter referred to as the "CONTRACTOR."

DEFINITIONS AND TERMS

Attachments: The attached project description(s), work supplement(s), work agreement(s), exhibit(s), map(s), and other labeled references are a part of this contract, and any special terms therein are binding upon all parties.

Contract: This duly executed written agreement between Idaho Department of Lands (IDL) and the Contractor resulting from the solicitation, which shall include these Terms and Conditions, the Statement of Work, the Cost Proposal, and all attachments thereto.

Contracting Officer: The IDL employee with the authority to enter into, administer, modify, and/or terminate this contract, and make related determinations and findings. The Contracting Officer is responsible for handling the contractual relationship with the contractor.

Contracting Officer Representative (COR): The designated Department of Lands and/or USFS representative, also referred to as the Forester-in-Charge (FIC), who will provide daily technical oversight to the contractor and ensure the contractor performs according to the Scope of Work. The COR cannot modify the stated terms of the contract unilaterally or direct the contractor to perform work not specified in the contract. Only the Contracting Officer and the Contractor can do so bilaterally.

Contractor: The individual or business who has been awarded this Agreement to furnish goods or services for a certain price.

Contractor's Representative: The Contractor's representative, authorized in writing to act on the Contractor's behalf and to be present on the area at nearly all times. This person must be able to speak English fluently for satisfactory communication with the Contracting Officer Representative.

Crew: May be one or more individuals performing work under this contract.

Forester-in-Charge (FIC): The designated Department of Lands and/or USFS representative, also referred to as the Contracting Officer Representative (COR), who will provide daily technical oversight to the contractor and ensure the contractor performs according to the Scope of Work. The FIC cannot modify the stated terms of the contract unilaterally or direct the contractor to perform work not specified in the contract. Only the Contracting Officer and the Contractor can do so bilaterally.

Idaho State Department of Lands (IDL): Acceptable and legal reference to the Idaho Department of Lands for the purposes of this contract.

Pre-work Conference: The meeting between the COR and Contractor about specifics of the contract administration.

Property: Goods, services, parts, supplies and equipment, both tangible and intangible, including, but not exclusively, designs, plans, programs, systems, techniques and any rights and interest in such property.

Procurement Manager or Purchasing Agent: The Contracting Officer for IDL.

Scope of Work: Detailed outline of the location, project description, timeline, and deliverables.

Services: Includes services performed, workmanship, and materials furnished or utilized in the performance of services, including any deliverables.

State of Idaho Board of Land Commissioners or Land Board: The State Board of Land Commissioners (Land Board) is comprised of Idaho's Governor, Secretary of State, Attorney General, Superintendent of Public Instruction, and State Controller. The Land Board serve as the trustees for more than 2.4 million acres of state endowment trust lands in Idaho, with the IDL acting as the administrative arm of the Board, carrying out the executive directives necessary to meet the mandated Constitutional charge codified in Article IX Section 8 of the Idaho Constitution. The Land Board also oversees the work of the IDL in its regulatory and assistance duties, and in managing Idaho's public trust lands.

Unit: A distinct area designated on the ground with specified boundaries. For purposes of this Contract, the unit(s) are found in the project description(s) and are shown on the project maps.

United States Forest Service (USFS): Acceptable and legal reference to the United States Forest Service for the purposes of this contract.

REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR

In order to induce the State to execute this Contract and recognizing that the State is relying thereon, the Contractor, by executing this Contract, makes the following express representations to the State:

2.1 The Contractor is fully qualified to act as the Contractor and shall maintain any and all licenses, permits, or other authorizations necessary to perform as the Contractor.

2.2 The Contractor has become familiar with the project sites and the local conditions under which the Contract is to be performed particularly in correlation to the requirements of the Contract.

2.3 The Contractor has received, reviewed, compared, studied and carefully examined all of the documents which make up the Contract documents, including maps and specifications, and any addenda, and has found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient to perform the Scope of Work. Such review, comparison, study and examination shall be a warranty that the Contractor believes that the documents are complete and as described except as reported.

2.4 The Contractor warrants that the period of performance is a reasonable period for performing the Work.

2.5 The Contractor warrants to the State that all labor furnished shall be competent to perform the tasks undertaken; materials and equipment furnished under the Contract will be new and of high quality unless otherwise required or permitted by the Contract documents; that the Work will be complete, of high quality and free from defects not inherent in the quality required or permitted; and that the Work will strictly conform to the requirements of the contract documents. Any Work not strictly conforming to these requirements, including substitutions not properly approved and authorized, shall be considered defective. The Contractor's warranty excludes remedy for damage or defects caused by abuse by the State or its representatives, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the State, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty shall survive the completion of the Contract and final payment to the Contractor.

CONTRACT RELATIONSHIP

It is distinctly and particularly understood and agreed between the parties that this Contract does not create an employer/employee relationship. Furthermore, the State is in no way associated or otherwise connected with the performance of any service under this contract on the part of the Contractor or with the employment of labor or the incurring of expenses by the Contractor. Said Contractor is an independent contractor in the performance of each and every part of this Contract, and solely and personally liable for all labor, taxes, insurance, and other expenses, except as specifically stated herein, and for any and all damages in connection with the operation of this Contract, whether it may be for personal injuries or damages of any other kind. The Contractor shall exonerate, indemnify and hold the State harmless from and against and assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security, and income tax laws with respect to the Contractor or Contractor's employees engaged in performance under this Contract. The State does not assume liability as an employer.

ANTIDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CLAUSE

Acceptance of this Contract binds the Contractor to the terms and conditions of Section 601, Title VI, Civil Rights Act of 1964 in that "No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance." In addition, "No otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance" (Section 504 of the Rehabilitation Act of 1973). Furthermore, for contracts involving federal funds, the applicable provisions and requirements of Executive Order 11246 as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, Section 701 of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), 29 USC Sections 621, et seq., the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, U.S. Department of Interior regulations at 43 CFR Part 17, and the Americans with Disabilities Action of 1990, are also incorporated into this Contract. The Contractor shall comply with pertinent amendments to such laws made during the term of the Contract and with all federal and state rules and regulations implementing such laws. The Contractor must include this provision in every subcontract relating to purchases by the State to insure that subcontractors and vendors are bound by this provision.

CONTRACTOR RESPONSIBILITY

The Contractor shall be required to assume responsibility for production and delivery of all material and services included in this Contract, whether or not the Contractor is the manufacturer or producer of such material or services. Further, the Contractor will be the sole point of contact on contractual matters, including payment of charges resulting from the use or purchase of goods or services.

REGISTRATION WITH SECRETARY OF STATE AND SERVICE OF PROCESS

a. Contractor must independently verify whether it is required by Idaho law to register its business entity or assumed business name with the Idaho Secretary of State and, if required to do so, must remain in good standing during the term of this Contract.

b. Regardless of its registration with the Idaho Secretary of State, and in addition to any methods of service allowed by Idaho law, Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested, at its last known address. Contractor must notify the State in writing of any change of address to which service of process can be made. Service shall be completed upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor shall have thirty calendar days after completion of service in which to respond.

SUBCONTRACTING

Unless otherwise allowed by the State in this Contract, the Contractor shall not, without written approval from the State, enter into any subcontract relating to the performance of this Contract or any part thereof. Approval by the State of Contractor's request to subcontract or acceptance of or payment for subcontracted work by the State shall not in any way relieve the Contractor of responsibility for the professional and technical accuracy and adequacy of the work. The Contractor shall be and remain liable for all damages to the State caused by negligent performance or non-performance of work under the contract by Contractor's subcontractor or its sub-subcontractor.

TAXES

If the Contractor is required to pay any taxes incurred as a result of doing business with the State, it shall be solely and absolutely responsible for the payment of those taxes.

WAGE AND LABOR COMPLIANCE

For the duration of the agreement, the Contractor attests to the following:

At least the minimum Idaho wage was paid to all employees and subcontractors utilized to complete the work in accordance with Idaho Code section 44-1502;

Contractor was in compliance with all labor laws;

All debts incurred by the Contractor to accomplish the work requirements outlined by this agreement were paid in full.

Any further claims against the State of Idaho under this agreement are relinquished, pending payment for services rendered by the Contractor and accepted by the State.

CERTIFICATION CONCERNING BOYCOTT OF ISRAEL

Pursuant to Idaho Code section 67-2346, if payments under this agreement exceed one hundred thousand dollars ($100,000) and Contractor employs ten (10) or more persons, Contractor certifies that it is not currently engaged in, and will not for the duration of the agreement engage in, a boycott of goods or services from Israel or territories under its control. The terms in this clause defined in Idaho Code section 67-2346 shall have the meaning defined therein.

OWNERSHIP OR OPERATION BY CHINA

Pursuant to Idaho Code section 67-2359, Contractor certifies that it is not currently owned or operated by the government of China and will not for the duration of the Contract be owned or operated by the government of China. The terms in this section defined in Idaho Code section 67-2359 shall have the meaning defined therein.

BOYCOTT OF VARIOUS INDUSTRIES

Pursuant to Idaho Code section 67-2347A (effective July 1, 2024), if payments under the Contract exceed one hundred thousand dollars ($100,000) and Contractor employs ten (10) or more persons, Contractor certifies that it is not currently engaged in, and will not for the duration of the Contract engage in, a boycott of any individual or company because the individual or company: a) engages in or supports the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture; or b) engages in or supports the manufacture, distribution, sale, or use of firearms. The terms in this section defined in Idaho Code section 67-2347A shall have the meaning defined therein, including through reference to another section of Idaho Code.

LICENSES, PERMITS & FEES

The Contractor shall, without additional expense to the State, obtain all required licenses and permits and pay all fees necessary for executing provisions of this Contract unless specifically stated otherwise herein.

SAVE HARMLESS

The Contractor shall protect, indemnify, and save the State harmless from and against any damage, cost, or liability including reasonable attorney's fees for any or all injuries to persons, property or claims for damages arising from any acts or omissions of the Contractor, its employees, or subcontractors.

OFFICIALS, AGENTS AND EMPLOYEES OF THE STATE NOT PERSONALLY LIABLE

It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of the State be in any way personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this Contract.

RISK OF LOSS

Risk of loss and responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to the State except as to latent defects, fraud and Contractor's warranty obligations. Such loss, injury or destruction shall not release the Contractor from any obligation under this Contract.

INSURANCE

Prior to starting work under the contract (or as otherwise designated by the Purchasing Activity), the Contractor must provide certificates of insurance required herein and must maintain the insurance during the life of the Contract. There are no provisions for exceptions to this requirement. Failure to provide the certificates of insurance within the requisite time period may be cause for cancellation of the contract.

Contractor shall carry liability and property damage insurance that must protect it and the State of Idaho from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under the Contract whether such operations be by themselves or by anyone directly or indirectly employed by either of them.

Contractor shall not commence work under the Contract until it obtains all insurance required under this provision and furnishes a certificate or other form showing proof of current coverage to the State. All insurance policies and certificates must be signed copies. After work commences, Contractor must keep in force all required insurance until the Contract is terminated. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the State.

Commercial General and Umbrella Liability Insurance. Contractor shall maintain Commercial General Liability (CGL) and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this Contract.

CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

Commercial Automobile and Commercial Umbrella Liability Insurance. Contractor shall maintain Commercial Automobile Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos).

Bidder or offeror may request a waiver from providing Commercial Automobile and Commercial Umbrella Liability Insurance in its bid or proposal if the bidder or offeror will not use any owned, hired or non-owned vehicles to conduct business under the contract, if it is awarded the contract, and the State of Idaho will consider the request.

Workers Compensation Insurance and Employer's Liability. Contractor shall maintain workers compensation and employer's liability. The employer's liability shall have limits not less than $1,000,000 each accident for bodily insurance by accident, $1,000,000 disease policy limit, and $1,000,000 disease, each employee.

Contractor must provide either a certificate of workers compensation insurance issued by a surety licensed to write workers compensation insurance in the State of Idaho, as evidence that the contractor has in effect a current Idaho workers compensation insurance policy, or an extraterritorial certificate approved by the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission.

State of Idaho as Additional Insured: The liability insurance coverage required for performance of the Contract shall include the State of Idaho, the Idaho Department of Lands and its divisions, officers and employees as additional insured, but only with respect to the Contractor's activities to be performed under this Contract.

The Contractor shall provide proof of the State of Idaho, the Idaho Department of Lands and its divisions, officers and employees being additional insured by providing certification of insurance (COI) to the liability insurance policies showing the State of Idaho, the Idaho Department of Lands and its divisions, officers and employees as additional insured. The COI must show the policy number, the policy effective dates, and list the additional insured and certificate holder as State of Idaho/ Idaho Department of Lands.

If a liability insurance policy provides for automatically endorsing additional insured when required by contract, then, in that case, the Contractor must provide proof of the State of Idaho, the Idaho Department of Lands and its divisions, officers and employees being additional insured by providing copies of the COI that clearly identify the blanket endorsement.

Notice of Cancellation or Change: Contractor shall ensure that should any of the above described policies be cancelled before the expiration date thereof, or if there is a material change, potential exhaustion of aggregate limits or intent not to renew insurance coverage(s), that written notice will be delivered to the Idaho Department of Lands in accordance with the policy provisions.

Acceptable Insurers and Deductibles: Insurance coverage required under the Contract shall be obtained from insurers rated A-VII or better in the latest Bests Rating Guide and in good standing and authorized to transact business in Idaho. The Contractor shall be financially responsible for all deductibles, self-insured retention's and/or self-insurance included hereunder. The coverage provided by such policy will be primary to any coverage of the State on or related to the contract and shall provide that the insurance afforded applies separately to each insured against whom a claim is made, except with respect to the limitation of liability.

Waiver of Subrogation: All policies shall contain waivers of subrogation. The Contractor waives all rights against the State and its officers, employees, and agents for recovery of damages to the extent these damages are covered by the required policies. Policies may contain deductibles, but such deductibles will not be deducted from any damages due to the State.

Tail Coverage: For claims made policies, the Retroactive Date shall be shown and shall be before the date of the contract or the beginning of contract work; insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work; if coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the contractor must purchase "extended reporting"(tail) coverage for a minimum of three (3) years after completion of contract work

ASSIGNMENTS

The Contractor shall not assign a right or delegate a duty under this Contract without the prior written consent of the State.

17. APPOINTMENT OF REPRESENTATIVES

The State shall, at any given time, designate a COR of the operation. The Contractor shall designate an individual, in writing, who shall be responsible for proper compliance with all Contract provisions which apply to the operation and who will be available on the site at all reasonable times for consultation with the COR.

18. PROHIBITED CONTRACTS

No member of the legislature or officer or employee of any branch of the state government shall directly themselves, or by any other person execute, hold or enjoy, in whole or in part, any contract or agreement made or entered into by or on behalf of the State, if made by, through or on behalf of the department in which they are an officer or employee or if made by, through or on behalf of any other department unless the same are made after competitive bids. (Idaho Code Section 67-9230(2)).

19. GOVERNING LAW

This Contract shall be construed in accordance with, and governed by the laws of the State of Idaho. Any action to enforce the provisions of this Contract shall be brought in State district court in Ada County, Boise Idaho. In the event any term of the Contract is held to be invalid or unenforceable by a court, the remaining terms of this Contract will remain in force.

20.SAFETY INFORMATION

The Contractor assumes full responsibility for the safety of his employees, equipment and supplies. All safety training is the responsibility of the Contractor.

All chemicals, equipment and materials proposed and/or used in the performance of this Contract must conform to the standards required by the William-Steiger Occupational Safety and Health Act of 1970. Contractor must furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals, equipment or hazardous materials at the time of delivery.

21.USE OF THE STATE OF IDAHO NAME

Contractor agrees that it will not, prior to, in the course of, or after performance under this contract, use the State's name in any advertising or promotional media as a customer or client of Contractor without the prior written consent of the State.

22. OWNERSHIP

All information furnished to the Contractor for its use pursuant to this Contract shall belong to the State and shall be returned to the State in good order upon completion of the Contract or upon the State's request. All documents, reports, and any other data developed by the Contractor for the State in the performance of this Contract shall become the property of the IDL. The State shall retain exclusive rights of ownership to all work produced by the Contractor under this Contract.

23.APPROPRIATION BY LEGISLATURE REQUIRED

It is understood and agreed that the State is a government entity and this Contract shall in no way or manner be construed so as to bind or obligate the State beyond the term of any particular appropriation of funds by the State's Legislature as may exist from time to time. The State reserves the right to terminate this contract in whole or in part (or any order placed under it) if, in its judgment, the Legislature of the state of Idaho fails, neglects, or refuses to appropriate sufficient funds as may be required for the State to continue such payments. All affected future rights and liabilities of the parties hereto shall thereupon cease within ten (10) calendar days after notice to the Contractor. It is understood and agreed that the State's payments herein provided for shall be paid from Idaho State Legislative appropriations and, in some instances, direct federal funding.

24. FORCE MAJEURE

Neither party shall be liable or deemed to be in default for any Force Majeure delay in shipment or performance occasioned by unforeseeable causes beyond the control and without the fault or negligence of the parties, including, but not restricted to, acts of God or the public enemy, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, unusually severe weather, provided that in all cases the Contractor shall notify the State promptly in writing of any cause for delay and the State concurs that the delay was beyond the control and without the fault or negligence of the Contractor. If reasonably possible, the Contractor shall make every reasonable effort to complete performance as soon as possible.

25. ENTIRE AGREEMENT

This Contract, with the State's Invitation to Bid, Request for Proposal or Request for Quotation, including any addenda (such deemed incorporated by reference) and the vendor's response, to the extent it is not in conflict with the specifications or the States terms and conditions (such document deemed incorporated by reference), constitute the entire agreement between the parties with respect to the subject matter hereof and shall supersede all previous proposals or quotations, both oral and written, discussions, representations, commitments, and all other communications between the parties. Where terms and conditions specified in the State's documents or the Contractor's response differ from those specifically stated in this Contract, the terms and conditions of this Contract shall apply.

26. CONTRACT TERMINATION

TERMINATION FOR CAUSE WITH NOTICE:

The occurrence of any of the following events shall be an Event of Default under this Contract:

A material breach of any term or condition of this Contract; or

Any representation or warranty by Contractor in response to the Solicitation or in this Contract proves to be untrue or materially misleading; or

Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or

Any default specified in another section of this Contract.

The State may terminate the Contract (or any order issued pursuant to the Contract) when the Contractor has been provided written notice of default or non-compliance and has failed to cure the default or non-compliance within a reasonable time, not to exceed thirty (30) calendar days. If the Contract is terminated for default or non-compliance, the Contractor will be responsible for any costs resulting from State's placement of a new Contract and any damages incurred by the State, as a result of the default. The State, upon termination for default or non-compliance, reserves the right to take any legal action it may deem necessary including, without limitation, offset of damages against payment due.

Upon written notice of default, Contractor shall be in breach of its obligations under this Contract and the State shall have the right to exercise any or all of the following remedies:

Exercise any remedy provided by law or equity;

Terminate this Contract and any related Contracts or portions thereof;

Impose liquidated damages as provided in this Contract;

Suspend Contractor from receiving future bid solicitations;

Suspend Contractor's performance;

Withhold payment until the default is remedied.

TERMINATION FOR CAUSE WITHOUT NOTICE

The State shall not be required to provide advance written notice or a cure period and may immediately terminate this Contract in whole or in part for an Event of Default if the State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor's liability for damages, including liquidated damages to the extent provided for under this Contract.

TERMINATION FOR CONVENIENCE

The State may terminate this Contract for its convenience in whole or in part, if the State determines it is in the State's best interest to do so.

After receipt of a notice of termination for convenience, and except as directed by the State, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. The Contractor shall:

Stop work.

Place no further subcontracts for materials, services, or facilities, except as necessary to complete the continuing portion of the Contract.

Terminate all subcontracts to the extent they relate to the work terminated.

Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts.

Unless otherwise set forth in the Solicitation, if the Contractor and the State fail to agree on the amount to be paid because of the termination for convenience, the State will pay the Contractor the following amounts; provided that in no event will total payments exceed the amount payable to the Contractor if the Contract had been fully performed:

The Contract price for Deliverables or services accepted by the State and not previously paid for; and

The total of:

The reasonable costs incurred in the performance of the work terminated, including initial costs and preparatory expenses allocable thereto, but excluding any cost attributable to Deliverables or services paid or to be paid;

The reasonable cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Contract; and

Reasonable storage, transportation, demobilization, unamortized overhead and capital costs, and other costs reasonably incurred by the Contractor in winding down and terminating its work.

The Contractor will use generally accepted accounting principles, or accounting principles otherwise agreed to in writing by the parties, and sound business practices in determining all costs claimed, agreed to, or determined under this clause.

TERMINATION FOR FISCAL NECESSITY

The State is a government entity and it is understood and agreed that the State's payments herein provided for shall be paid from Idaho State Legislative appropriations. The Legislature is under no legal obligation to make appropriations to fulfill this Contract. This Contract shall in no way or manner be construed so as to bind or obligate the State beyond the term of any particular appropriation of funds by the State's Legislature as may exist from time to time. The State reserves the right to terminate this Contract in whole or in part (or any order placed under it) if, in its sole judgment, the Legislature of the State of Idaho fails, neglects, or refuses to appropriate sufficient funds as may be required for the State to continue such payments, or requires any return or "give-back" of funds required for the State to continue payments, or if the Executive Branch mandates any cuts or holdbacks in spending, or if funds are not budgeted or otherwise available, or if the State discontinues or makes a material alteration of the program under which funds were provided. The State shall not be required to transfer funds between accounts in the event that funds are reduced or unavailable. All affected future rights and liabilities of the parties shall thereupon cease within ten (10) calendar days after notice to the Contractor. Further, in the event of non-appropriation, the State shall not be liable for any penalty, expense, or liability, or for general, special, incidental, consequential or other damages resulting therefrom.

27. PERFORMANCE OF THE CONTRACTOR

Failure of the Contractor to commence operations as mutually agreed upon by the Contractor and the State, to maintain the required production rate, to complete operations as prescribed herein, or failure to meet other terms of the contract, shall give the State the right to terminate the Contract. Such termination shall not affect any rights of the State for recovery of damages from any payment for services due Contractor hereinbefore provided for in any action at law or in equity.

28. MODIFICATION

This Contract may not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties.

29. PUBLIC RECORDS

Pursuant to Idaho Code Section 74-101 through 74-126, information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The State will not accept the marking of an entire document as exempt. In addition, the State will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the State against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the State shall constitute a complete waiver of any and all claims for damages caused by any such release. If the State receives a request for materials claimed exempt by the Contractor, the Contractor shall provide the legal defense for such claim.

30. CONFIDENTIAL INFORMATION:

Pursuant to this Contract, Contractor may collect, or the State may disclose to Contractor, financial, personnel or other information that the State regards as proprietary, confidential or exempt from disclosure ("Confidential Information"). Confidential Information shall belong solely to the State. Contractor shall use such Confidential Information only in the performance of its services under this Contract and shall not disclose any Confidential Information to any third party, except with the State's prior written consent or under a valid order of a court or governmental agency of competent jurisdiction, and then only upon timely notice to the State. The State may require that Contractor's officers, employees, agents or subcontractors separately agree in writing to the obligations contained in this section or sign a separate confidentiality agreement. Confidential Information shall be returned to the State upon termination of this Contract. The confidentiality obligation contained in this section shall survive termination of this Contract. Confidential Information shall not include data or information that:

Is or was in the possession of Contractor before being furnished by the State, provided that such information or other data is not known by Contractor to be subject to another confidentiality agreement with or other obligation of confidentiality to the State;

Becomes generally available to the public other than as a result of disclosure by Contractor; or

Becomes available to Contractor on a non-confidential basis from a source other than the State, provided that such source is not known by Contractor to be subject to a confidentiality agreement with or other obligation of confidentiality to the State.

31. NON-WAIVER

The failure of any party, at any time, to enforce a provision of this Contract shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Contract, any part hereof, or the right of such party thereafter to enforce each and every provision hereof.

32. NO WAIVER OF SOVEREIGN IMMUNITY

In no event shall this Contract or any act by the State, be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for IDL. This section applies to a claim brought against the State only to the extent Congress has appropriately abrogated the State's sovereign immunity and is not consent by the State to be sued in federal court, or a waiver of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States.

33. ATTORNEYS' FEES

In the event suit is brought or an attorney is retained by any party to this Contract to enforce the terms of this Contract or to collect any moneys due hereunder, the prevailing party shall be entitled to recover reimbursement for reasonable attorneys' fees, court costs, costs of investigation and other related expenses incurred in connection therewith in addition to any other available remedies.

34. TRASH CLEANUP

The Contractor shall be responsible for picking up and properly disposing of all trash generated as a result of this Contract at the end of each day. This includes any camps made by Contractor personnel. Cleanup shall be done to the satisfaction of the COR and shall not affect any rights of the State or Forest Service for the recovery of costs of the cleanup.

35. CAMPING ON NATIONAL FOREST OR STATE LAND

Contractor personnel may, with written approval from the State, camp during the Contract period on National Forest or State land. Such camping will be at the Contractor's own risk. Any camps will be made according to conditions set forth by the IDL and the United States Forest Service and be in compliance with State Land Board and Federal rules and regulations for fire prevention.

The Contractor shall request a camping permit from the COR for each area in which the Contractor's crew plan on camping within the National Forest or State Lands boundary. Provisions that apply to all camping on National Forest and State lands will be discussed in detail at the pre-work conference.

36. FIRE PREVENTION RESPONSIBILITIES

The Contractor will adhere to the State Land Board and Federal rules and regulations which set forth fire prevention safety precautions for woods operations. Such rules and regulations are available at any IDL or United States Forest Service office. These rules and regulations will be outlined during the pre-work conference with the Contractor.

The Contractor shall not build any open fires at any time of the year on the contract area without first obtaining written permission from the State.

Fire spreading through the Contract area, which is a result of the Contractor's operation or employees' actions, shall be the liability of the Contractor.

37.GOVERNMENT REGULATIONS

The Contractor shall abide by and comply with all laws and regulations of the United States, the State of Idaho including the Forest Practices Act (Title 38, Chapters 1 and 13, Idaho Code), counties or other governmental jurisdictions wherein the work is executed insofar as they affect this contract. The Contractor will make all payments, contributions, remittances, and all reports and statements required under said laws.

Contractor guarantees that all items meet or exceed those requirements and guidelines established by the Occupational Safety and Health Act, Consumer Product Safety Council, Environmental Protection Agency, or other regulatory agencies.

38. PRICE ADJUSTMENT

A price adjustment may be considered after the first twelve months (12) months of the initial term of the Contract, and up to one (1) time per year thereafter. If a price increase is requested, it will be the responsibility of the Contractor to notify IDL sixty (60) calendar days in advance of the desired effective date and provide supporting documentation showing industry wide increases justifying the request. IDL will notify Contractor whether the request is approved within thirty (30) calendar days of receipt of the request.

If there is an industry wide price decrease, Contractor must notify IDL immediately of the decrease; and make the price decrease effective for IDL on the same day it becomes effective for the Contractor. If the IDL is not properly notified of price decreases, the pricing at the time of order will be used for invoice payment and the Contractor will provide refunds or credits as necessary.

39.PAYMENTS AND COMPLIANCE

Payment(s) shall be made to the Contractor following satisfactory completion of all Contract requirements and as described in the attached project description(s). Payment(s) will be at the rate(s) set forth in Schedule A. Total Contract payments shall not exceed $ TBD. All payments will be made according to Idaho Code Section 67-2302.

40 CONTRACT PERIOD

This Contract will become effective once signed by all parties. The Contractor and Contracting Officer Representative(s) will discuss the Contract terms, work performance requirements, and tentative work schedule. The Initial Term of this contract is (1) year. Upon mutual, written agreement, the Contract may be renewed, extended or amended. The anticipated total Contract term is five (5) years, unless terminated earlier by the State under any of the provisions of paragraph 26 or 27 of this Contract. All requirements of the Contract must be satisfactorily completed by the Contract expiration date.

SIGNATURE PAGE

IN WITNESS WHEREOF, the parties have caused Agreement XX-XXX to be executed

in Boise, Idaho and effective as of the date/time of the final signature below.

IDAHO DEPARTMENT OF LANDS CONTRACTOR

Date and Time: ________________________ Date and Time______________________

ATTACHMENT 1

SPECIAL PROVISIONS

Unless stated otherwise, all work performed shall conform to that commonly used in the forestry profession, and as directed by the IDL COR (Contracting Officer Representative).

ADDITIONAL DEFINITIONS AND TERMS

ITEMS TO BE FURNISHED BY THE CONTRACTOR

The Contractor will provide all equipment, materials and labor including staff supervision, fuel, and incidentals necessary to complete all provisions of this contract unless otherwise identified and mutually agreed to and signed by Contractor and IDL.

The Contractor will provide supplies required to complete the projects unless otherwise designated in the Project Description. Examples of supplies that will be required include steel culverts, culvert bands and associated hardware, gates, rip rap, filter fabric and surfacing rock, grass seed, fertilizer, straw bales, concrete, etc.

Other items as per the attached Project Description(s) or as directed by the COR. IDL will reimburse for additional supplies based on actual costs.

ITEMS TO BE FURNISHED BY THE STATE

A qualified COR will be designated by the State to explain the objectives and expectations of the project, answer questions, provide clarification, and conduct periodic field inspections. The COR will be the primary IDL contact with the Contractor and will act as the representative of IDL in all contract matters.

The State will supply materials and supplies required to complete the projects as set forth in the Project Description for each project. Any materials or supplies not specifically identified as being provided by the State in the Project Description are the responsibility of the Contractor to provide.

CONTRACT ADMINISTRATION

The COR will administer the contract as required in all specifications and requirements.

Disputes between the COR and the Contractor will be resolved by the IDL Contracting Officer.

The COR has the following authority in addition to that delegated in other portions of the contract:

Make determinations regarding quality and acceptability of equipment to be used, materials furnished, and all work performed.

Make recommendations for payment.

GENERAL ROAD STANDARDS AND WORK REQUIREMENTS

The Contractor will make equipment available for inspection and approval prior to moving equipment to the worksite. The Contractor will notify the COR at least 48 hours in advance (excluding weekends and holidays) to schedule an equipment inspection.

The Contractor is required to clean all equipment to remove dirt, plant parts and material that could carry noxious weed seeds into the project area. Failure to provide clean equipment may result in the rejection of equipment.

The Contractor must satisfy all applicable OSHA and DOT requirements or certifications for the operation of offered equipment. There will be no obligation to make payment for any equipment delivered that does not meet the Technical Specifications.

Unless stated otherwise, all procedures and standards shall conform to those commonly used in the forest road building/construction/reconstruction profession, policies and procedures of the IDL, the Idaho Forest Practices Act (FPA), and as directed by the State.

The following general road standards will be followed unless otherwise designated by the COR or in the Project Description. Roads should be maintained to the standards that they were constructed unless upgrading of the road is required.

Running surface width will be maintained to the original width. Usually, 12 to 18 feet depending on the type of road.

Cut slopes will be 1:1.

Fill slopes will be 1 12:1.

Running surface will be outsloped, insloped or crowned depending on the existing road design. The Contractor may also be required to change the slope of the running surface as designated by the COR.

The following general drainage structure standards will be followed unless otherwise designated by the COR or in the project description.

Culverts not replaced shall be free flowing with inlet and outlet clear of debris.

Drainage Structures:

Drainage structures such as rolling dips and cross ditches will be maintained or constructed as needed, as described in the Project Description or as directed by the COR.

Cross drainage structures installed in roads shall slope diagonally out and down grade at an adequate angle to divert water from the road. Each ditch shall be cut into the roadbed, tied to the cut bank, sloped to the shoulders, open at the lower end, and capable of diverting water flow completely off the road at that point.

Drainage structure spacing shall be approximately as follows: 0-4% (road grade), 150 feet; 5-10%, 100 feet; 11% and greater, 50 feet; or as designated by the COR.

Drainage structures in roads shall be constructed in locations that minimize direct discharge of sediment into streams.

Existing drainage dips shall be cleaned and the outsloped 3-5% or as designated by the COR to facilitate road surface drainage.

GRADING

Roads will be graded at locations designated by the COR or as described in the Project Description. Grading operations may be delayed, or operations may be suspended when soil moisture conditions are not favorable for obtaining a satisfactory result as determined by the COR.

Inside ditches, culvert inlets/outlets, rolling dips, and sediment traps shall be opened and cleaned as directed by the COR. Roads will be watered in conjunction with grading when needed. Culverts damaged by grading operations will be repaired or replaced at the Contractor's expense.

Performance of Road Maintenance includes grading and shaping the roadbed, including shoulders and turnouts and removing ruts, washes, slough, and other irregularities that prevent normal runoff from the road surface. Waste material shall not be placed in a drainage or within 300 feet of a live stream.

On both aggregate and native surfaced roads, scarify the roadbed by ripping/blading the entire roadbed to a suitable depth in order to eliminate potholes and any other abnormalities in the road running surface. Blade/re-shape the shoulders, roadbeds, and running surfaces by insloping, outsloping, or crowning as designated by the COR. Ripping or blading work shall not disturb the road base. Grading shall not side cast aggregate/gravel surfacing in ditches or over the road shoulders.

Oversized material exceeding 4 inches in size removed by equipment shall be disposed of by sidecasting over the fill slope except within 300 feet of a perennial stream that is inhabited by fish, 150 feet from a perennial steam not inhabited by fish and 100 feet from any intermittent stream unless approved by the COR. No berm or ridge of any material shall be left along either shoulder of the roadbed unless directed by the COR.

Sections of roads constructed without roadside ditch shall be uniformly insloped or outsloped the entire width of the roadbed, unless otherwise specified on each individual task order (i.e. crowning).

Sections of roads constructed with a roadside ditch shall be bladed and reshaped to maintain crown at centerline of the roadbed, or insloped except on curves where crown is omitted.

Remove from bridge decks all rock and other material that would create a hazard to traffic or is otherwise detrimental to the traveled surface. Cattleguards shall be left clean between the bottom of the rails and ground beneath. No additional material may be deposited within cattleguards.

CULVERT INSTALLATION

Culverts will be installed at locations designated by the State. Culverts will be 16 gauge, 2 2/3 inch x 1/2 inch corrugation with 12 inch bands or as directed by the COR. All culvert installations shall comply with the following specifications unless otherwise directed by the COR:

All culvert installation will comply with IDAPA 37, Title 03, Chapter 07, Stream Channel Alteration Rules:

All culverts shall be bedded in an earth foundation of uniform density that has been shaped to the desired camber and to conform to the shape of the pipe for at least ten percent of its diameter. The bedding shall afford a uniform, firm and true bed, free from projecting stones, roots, or other irregularities for a depth under the culvert of not less than one-half inch per foot height of fill over the pipe with a minimum allowable thickness of 4 inches.

Culverts shall be compacted with a mechanical tamper in a maximum of 12-inch lifts when conditions allow until no further displacement occurs (at least 3 complete passes) as designated by the COR.

All removed culverts shall be hauled off Federal and State Lands and disposed of properly as designated by the COR.

All culverts shall be so laid that the distance from the finished road surface to the top of the pipe shall not be less than 12 inches.

All culverts shall be laid with separate sections joined firmly together and shall coincide closely with the existing stream channel, both in gradient and in alignment. Catch basins and riprap are required at the upper end. Splash basins with riprap are required at the lower end in cases where water will erode the fill.

Any culvert which is not of true alignment shows any undue settlement after being laid, is damaged, or is not functioning properly shall be taken up and re-laid or replaced by the Contractor at the Contractor's expense.

All culvert installation shall be done during periods of low water or may require dewatering of the stream prior to installation as determined by the COR.

Riprapping and armoring shall be completed at the time of culvert installation wherever there is potential for erosion.

CULVERT REMOVAL

Culverts will be removed at locations designated in the project description or as directed by the COR.

Reshape disturbed area to a 112:1 (horizontal to vertical) ratio and return stream to natural bank full width.

All removed culverts shall be hauled off Federal and State Lands by the Contractor and disposed of properly as designated by the COR. In the case of reusable culverts, the COR will designate the storage location.

ROAD DECOMMISSIONING AND OBLITERATION

Roads designated for abandonment work will require the following per the Project Description or COR:

Obliterate the roadway by restoring to approximate original ground contours. Transplant clumps of vegetation and associated soil, if available onsite, from the clearing limits to the top of the recontoured road or landing surface.

Decompact any hardened road segment or surface area to promote water infiltration and establish vegetation. This work consists of loosening all the soil in the existing roadbed or landing surface to a depth of 14 inches.

Use vegetation and logging slash as a source for scattering and clump planting on top of recontoured road segments. The disturbed area shall be 30% to 40% covered with natural slash, retaining an average of 17 to 33 tons per acre of coarse woody debris (greater than 3 inches in diameter).

Install drainage structures as described in the Project Description or as directed by the COR.

Remove and dispose of culverts as designated by the COR. Reshape disturbed areas to slopes of approximately but not steeper than 112:1 ratio (horizontal to vertical).

Seed all exposed soil with grass as designated by the COR.

ROAD BRUSHING AND PILING

Road brushing and piling will be completed as described in the project description.

Cut and remove all stems <6 inches DBH (Diameter at Breast Height) and 1 foot in height or greater for a distance of 12 feet up the cut slope and 6 feet down the fill slope, unless otherwise directed. Trim branches of remaining trees or shrubs to give a clear height of 14 feet above the roadbed. Trim tree limbs as flush with the trunk as practicable. All material felled within designated riparian areas shall remain on-site and/or scattered within the riparian area as designated by the COR.

No brush, slash, or other material shall be disposed of in creeks or streams or obstruct drainage structures. All slash shall be disposed of by scattering, piling, or windrowing as designated in the Project Description or by the COR.

Logs and windfalls lying within or across the clearing limits shall be cut off at the top of the cutslope and moved to the lower side of the road beyond the clearing limits. Windfalls on the fillslope side which extend above the road elevation shall be cut off at least two (2) feet below the road elevation and disposed of as outlined above. Logs shall be placed, limbed, or scattered so that limbs do not extend above the roadway elevations. No windfalls or logs shall be disposed of in creeks or streams and shall not interfere with or obstruct drainage structures.

Piles will be a minimum height of 6 feet (at a ratio of 2 vertical feet by 3 horizontal feet; a pile 6 feet in height shall be 9 feet wide) and shall be placed no closer than 30 feet from standing live trees, wet areas, or other areas designated on the ground by the COR.

MAINTENANCE OF TRAFFIC AND USE OF WARNING DEVICES

The Contractor shall provide, erect, and maintain all necessary traffic control and devices for the protection of the work and public safety. The traffic control includes areas where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All traffic control methods and devices shall conform with the current edition of the Manual Uniform Traffic Control Devices for Streets and Highways (MUTCD), published by the Federal Highway Administration and applicable safety codes. https://mutcd.fhwa.dot.gov/

Removal of Obstructions. All fallen trees, limbs, brush, small slides or debris in the travel way or road ditch line shall be removed and scattered outside the travel way and ditch line.

The Contractor shall be held liable and is responsible for any damage caused by his/her personnel or equipment to any existing cattle guards, culverts, signs, and riprap protecting culvert inlets or fill slopes. Repair to these structures shall be at the Contractor's expense.

Contractor is responsible to ensure that performance does not reduce the level of fines in the road surface.

HAULING OF MATERIALS

a. The Contractor may be required to consolidate, load, transport and place material in designated locations. This may include but is not limited to aggregate, fill, logs, logging slash, brush, culverts, gates, and refuse.

INSPECTIONS AND PAYMENT

Inspection reports will be furnished to the Contractor by the COR so that any deficiencies may be corrected as contract work progresses.

If work on a specific project or part thereof fails to meet contract specifications, payment will be withheld on the unsatisfactory portion. The Contractor shall, at no additional expense to IDL, re-work unsatisfactory areas or parts thereof. In the event the contract is terminated for unsatisfactory performance, payment will be made as set forth in this contract for work satisfactorily completed.

Upon satisfactory completion of specific project work agreed upon under a request for service or as described in the project description the Contractor will submit a detailed invoice to the IDL for payment showing actual labor and equipment hours and supply expenses if applicable.

Payment schedules are specified in the attached Project Description(s) or agreed upon in the request for service. All payments, including work agreed upon in a request for service will be made at the rate(s) set forth in Schedule A attached hereto.

ALTERNATE GEOGRAPHIC AREA RIGHTS

The Idaho Department of Lands (IDL) reserves the right, in its sole discretion, to request quotes for a specific project from contractors awarded in different geographic areas if all currently awarded contractors within the project's primary area are unable to meet the specific needs of the State for that project. Such needs may include, but are not limited to, availability, specialized equipment requirements, strict performance timelines, or emergency conditions. This provision shall not be construed as a waiver of any rights under the existing regional awards but serves to ensure the State's ability to fulfill its land management obligations in the best interest of the State of Idaho.

IDL ITB 26-225

GNA EQUIPMENT CONTRACT

SCOPE OF WORK

Request for Service will be issued as project work is needed. The request for service will be issued as a Task Order and include work specifications, requirements, a Not-to-Exceed payment amount and items to be completed for that Project. The Contractor and IDL will agree to and sign the Task Order prior to starting work. Payment for work completed under a Task Order will be made at the rate(s) set forth in Schedule A and will not exceed the agreed amount in the Task Order. Additional equipment required but not listed on Schedule A will be hired at negotiated rates. Rental of equipment is authorized under this contract. Transport of equipment and material under this contract will be invoiced one way to the project location unless otherwise approved by IDL.

The Scope of Work includes fully operated equipment services for road repair and fuels reduction work throughout the Agreement Term. As work is identified, requests for services must be issued by GNA as individual Task Orders. Task Orders will include individual scopes of work identifying project specifications, period of performance and a payment not-to-exceed (NTE) amount. Upon approval (i.e., bilateral signatures from the Contractor and IDL), a Task Order is considered part of the Contract. The final approved Task Order will represent the documentation of the agreed upon services, completion schedule, and NTE.

Task Orders may include, but are not limited to the following activities:

2.1 Construction of new or temporary roads.

2.2 Road decommissioning and obliteration.

2..3 Road repairs to include repairing washouts, curve widening, slope stabilization, resurfacing, and saturated roadway mitigation (among others).

2.4 Road brushing and piling.

2.5 Grading of road surfaces to restore the running surface and remove imperfections in the roadway.

2.6 Culvert removal and/or installation.

2.7 Mastication of standing and down vegetation.

2.8 Thinning and piling of hazardous fuels.

Modification of Task Orders

Modifications may be made to a Task Order through issuance of Task Order Modification. A Modification must be initiated in writing by the IDL COR. Task Order Modification must be used for significant changes in work plan, deliverables, contract expiration dates or an increase to the Not to Exceed (NTE) for a Task Order. Changes in Task Orders will not be allowed when such changes are attributable to contractor error. The Task Order Modification must be signed first by the Contractor and then executed upon IDL's signature. A Modification to the Task Order is binding and becomes part of the Contract.

Minor Changes to Task Orders

The IDL COR and Contractor may agree to minor changes to a Task Order, such as the completion schedule or minor change to the scope of work in a signed inspection report.

Cancelation of Task Orders

An IDL COR may request the cancelation of an assigned Task Order with written notice to the Contractor. Upon receipt of such notice, the Contractor shall immediately stop work on that Task Order. The Contractor may invoice for the work completed and approved against that specific Task Order prior to cancelation.

Contract Administration

IDL will designate Contracting Officer's Representative(s) (COR) to administer each Task Order. The Contractor must work under the direction of and report directly to the COR. The COR will do the following:

6.1 Track and evaluate work progress against Task Order requirements.

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

6.3 Approve deliverables based upon agreed Task Order.

6.4 Approve minor changes to a Task Order, such as the completion schedule or minor change to the scope of work through an inspection report.

6.5 Recommend payment of invoices for completed work.

Payment

7.1 Payment shall be made when work is approved as satisfactorily completed by the COR for each project. The Contractor must be notified of any unsatisfactory work and payment will be withheld until all requirements identified in the Task Order are met.

7.2 Payment for work will be at the hourly rates specified in the contract or as specified in the Task Order. Expenses for any additional supplies or materials required be negotiated and specified in the Task Order.

7.3 Invoices must be sent to GNAInvoice@idl.idaho.gov. Invoices that are not sent to this address may be delayed in processing and payment. Invoices must include the Contract Number and a unique invoice number to prevent delays in processing.

7.4 Invoices shall be submitted no more than monthly and must include a description of services completed during the period being invoiced. Per Idaho Code 67-2302 (2) IDL has up to 60 days from receipt of an invoice for processing and payment.

TASK ORDER TEMPLATE

TASK ORDER NUMBER:

PROJECT NAME:

COMPLETION DATE:

PROJECT LOCATION:

CONTRACT WORK TO BE PERFORMED:

The purpose of this contract is to complete hazard management, fuels reduction, road maintenance and repair work. Work may include but is not limited to slash piling, mastication, road grading and surfacing, ditch maintenance, brush cutting, road repair, culvert installation and removal, gate installation and removal and road abandonment.

A request for service for all projects under this Contract will be issued as a Task Order to include standards, specifications, and other requirements for each Project. The Contractor and IDL will agree to and execute a Task Order prior to starting work. Contractor will provide all equipment, fuel and labor necessary to complete projects under this contract as specified in each Task Order.

STANDARDS AND SPECIFICATIONS:

MATERIAL/SUPPLIES REQUIREMENTS:

Materials and supplies required to complete the work will be supplied by the Contractor unless otherwise identified in the Task Order. Examples of supplies may include but are not limited to culverts, culvert bands, associated hardware, rip rap, surfacing rock, filter fabric, gates, grass seed, fertilizer, straw bales and concrete.

GOVERNMENT FURNISHED ITEMS:

TASK ORDER PAYMENT:

Invoices must be sent to . Invoices that are not sent to this address may be delayed in processing and payment. Invoices must include the Contract Number and a unique invoice number to prevent delays in processing.

VICINITY MAP:

PROJECT MAP:

This form is available electronically. Form Approved - OMB No. 0505-0027 Expiration Date: 12/31/2018

The U.S. Department of Agriculture (USDA) prohibits discrimination in all of its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for communication of program

information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Assistant Secretary for Civil Rights, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, S.W., Stop 9410, Washington, DC 20250-9410, or call toll-free at (866) 632-9992 (English) or (800) 877-8339 (TDD) or (866) 377-8642 (English Federal-relay) or (800) 845-6136 (Spanish Federal-relay). USDA is an equal opportunity provider and employer.

Instructions for Certification

By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions.

The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

The prospective lower tier participant shall provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

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Form AD-1048 (REV 12/15)

Acknowledgement of Idaho Code Title 18, Chapter 87

Acknowledge the following by signing below:

Disclosure of Abortion Related Matters. The State is subject to the No Public Funds for Abortion Act, Idaho Code title 18, chapter 87 (the No Public Funds for Abortion Act") and State employees who intentionally violate the provisions of the Act are subject to criminal prosecution. This provision is included in this letter to aid in compliance with the Act. The state of Idaho (State) requests that Contractor disclose, unless Contractor is within one of the exemptions provided in the Act, if it or an affiliate is or becomes, during the term of the Contract, an abortion provider and if it will use State facilities or public funds to provide, perform, participate in, promote or induce, assist, counsel in favor, refer or train a person for an abortion related activity. Please refer to the Act for definitions of the terms used in this section.

Acknowledged by (Print Name):

Title:

Signature:

Date: