GNA Panhandle Roadside Spray

STATE OF IDAHO DEPARTMENT OF LANDS PANHANDLE ROADSIDE SPRAY REQUEST FOR QUOTE 24-207-041021 DUE BEFORE 3:00:00 PM PT ON APRIL 11, 2024 STATE OF IDAHO DEPARTMENT OF LANDS REQUEST FOR QUOTE 24-207-041021 PANHANDLE ROADSIDE SPRAY RESPONSES DUE BEFORE 3:00:00 PM PT (Pacific Time), on APRIL 11, 2024 The purpose of this Request for Quote (RFQ) package is to solicit quotes for the efficient completion of the ROADSIDE SPRAY work outlined in the attached project descriptions and contract documents. NOTE – Your company must be registered as a supplier in LUMA to be awarded a contract. QUESTIONS: Questions pertaining to RFQ specifications must be submitted in writing via email to Sherry Leason at sleason@idl.idaho.gov. The deadline for receiving questions is 5:00 P.M., PT, April 4, 2024. Only questions answered by written amendment are binding. Oral interpretations have no legal effect. Unofficial communication streams are not binding

and at your own risk. Responses to questions received will be posted as an addendum on the IDL website at www.idl.idaho.gov. Verbal questions will not be accepted. INSTRUCTIONS: All price quotes will be entered on the attached Schedule A. The signed Schedule A may be returned to either the Email or physical address listed below. The right is reserved to accept quotes on each item separately or as a whole. IDL reserves the right to award on an all or nothing basis or to accept any portion of a quote or to award multiple Purchase Orders if in the best interest of the State. Idaho Department of Lands shall award the Contract to the qualified Vendor submitting the lowest responsible and responsive quote. 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. RFQ DEADLINE AND DELIVERY REQUIREMENTS: Quotes must be received by the Idaho Department of Lands at either the physical address or email address listed below before 3:00:00 PM PT (Pacific Time), on APRIL 11, 2024. The Department of Lands is not responsible for lost or undelivered quotes or for failure of the United States Postal Service or any courier service to deliver quotes to the Idaho Department of Lands by the RFQ 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 Quote at the time, or to the location, required by the Solicitation. The date and time of electronically received Quotes, to the Idaho Department of Lands email address listed below, will be used to determine if electronically submitted Quotes were received by the due date and time specified. Late quotes will not be accepted. Delivery Address: Idaho Department of Lands ATTN: Sherry Leason, Senior Buyer 3284 W. Industrial Loop Coeur d’Alene, ID 83815 OR sleason@idl.idaho.gov A Quote 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. Quotes mailed in a sealed envelope are to be marked in the lower left-hand corner and emailed quotes are to be marked in the subject line with the following information: Sealed Quote For: RFQ 24-207-041021 – Panhandle Roadside Spray Responses due Before: 3:00:00 PM PT (Pacific Time), on APRIL 11, 2024 IDL RFQ 24-207-041021 2 of 40 GNA PANHANDLE ROADSIDE SPRAY mailto:sleason@idl.idaho.gov http://www.idl.idaho.gov/ mailto:sleason@idl.idaho.gov IDAHO DEPARTMENT OF LANDS STANDARD INFORMATION ADDENDA It will be the respondent’s responsibility to check for any addenda prior to submitting a quotation. 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 quotation or if failure to give such information would be prejudicial to uninformed respondents. 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 vendor to furnish the State WITH ITS ORIGINAL SUBMISSION sufficient data to determine if the goods or services offered conform to the specifications. VERBAL INFORMATION The State will not be responsible for any verbal information regarding a quote. 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. Disqualification of a high-ranking contractor may be pursued when their reputation, experience or references are such as to create a doubt about satisfactory job completion or if the price quotes are considerably below Department estimates and the other quotes. The purchasing agent will contact the contractor and request that they disqualify themselves by withdrawing in writing. If the contractor refuses to withdraw, the purchasing agent may notify the contractor in writing or email that the Department will not offer the contractor a contract and proceed with an award to the next responsible 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. IDL RFQ 24-207-041021 3 of 40 GNA PANHANDLE ROADSIDE SPRAY 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. WORKERS 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 lowest responsible quote. If the contractor who submitted the lowest quote is domiciled in a state which has a preference law that penalizes Idaho domiciled contractors, then the State must apply a 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 quote 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 QUOTES AND CANCELLATION OF QUOTE SOLICITATION Prior to the issuance of a contract, the State shall have the right to accept or reject all or any part of a quote when: (i) it is in the best interests of the State of Idaho; (ii) the quote does not meet the minimum quote specifications; (iii) the quote is not the lowest IDL RFQ 24-207-041021 4 of 40 GNA PANHANDLE ROADSIDE SPRAY responsible quote; (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 item offered deviates to a major degree from the quote specifications, as determined by the State (minor deviations, as determined by the State, may be accepted as substantially meeting the quote requirements of the State of Idaho). 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 quotations or to cancel a solicitation or request for quotations. 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 quotes are deemed unreasonable or sufficient funds are not available; (vi) quotes 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. Pursuant to IDL Procurement Policy No. 455, the right is reserved to engage in negotiations. AWARD PROCEDURES For contracts with a total value of $100,000 or less, the State will email all respondents within five (5) business days following the solicitation closure of its intent to award a contract(s) and the party(ies) to whom the contract(s) will be awarded and will then email a contract award to the successful respondent(s). For contracts with a total value of more than $100,000, the State will notify all respondents within five (5) business days following the solicitation closure, by mail and/or email, of its intent to award a contract and the party(ies) to whom the contract will be awarded. After elapse of the five (5) day appeal period, if no appeals are received, the State will award a contract to the successful respondent(s). Respondents to whom a contract has been awarded will have fourteen (14) calendar days from the mailing date of the award notice to return to the State a signed copy of the contract along with the required bonding and certificates of insurance. If the State does not receive such documents within the specified time period, the State may declare, at its sole discretion, that all respondent’s rights to the contract are forfeited, and the State may proceed without further delay or notice to award the contract to the next low respondent. IDL RFQ 24-207-041021 5 of 40 GNA PANHANDLE ROADSIDE SPRAY 11 Miles 5 Acres 20 Miles 3 Acres 40 Miles 8 Acres 16 Miles 5 Acres 42 Miles 12 Acres 9 Miles 3 Acres Please Pri Please Prin Please Print Name Title -$ -$ -$ -$ Hume Creek (Truck Application) Idaho Panhandle NF's Quartz Creek (Truck Application) -$ Quartz Creek (Hand Application) Company Name Contractor's Name Contractors Signature Contractor's Email Contractor's Phone Signed by 24-207-041021 Panhandle Roadside Spraying 2024 Mailing Address Slate Creek (Hand Application) Avery (Truck Application) -$ -$ Taxpayer ID # PRICE / UNIT OF MEASURE Avery (Hand Application) Catspur (Truck Application) Catspur (Hand Application) -$ SCHEDULE A NOTE: The quantities of work to be done under this contract as set forth in Schedule A have been estimated and may not be accurate in any or all particulars. They are only for the purpose of comparing on a uniform basis the quotes offered for the work under this contract. The Contractor understands and agrees that these are estimates only and that the State shall not be responsible for any claim of profits, loss of profit or for damages because no work is ordered under certain items or because of a difference between the estimated quantities of work to be done and the actual quantities ordered by the State. In the case of math errors, the PRICE PER UNIT OF MEASURE will be correctly extended and the corrected TOTAL EXTENDED AMOUNT -$ National Forest PROJECT AREA ESTIMATED UNIT(S) OF MEASURE TOTAL EXTENDED AMOUNT TOTAL QUOTE Slate Creek (Truck Application) Gold Creek (Hand Application) Gold Creek (Truck Application) -$ -$ -$ Hume Creek (Hand Application) -$ IDL RFQ 24-207-041021 6 of 40 GNA PANHANDLE ROADSIDE SPRAY STATE OF IDAHO DEPARTMENT OF LANDS PANHANDLE ROADSIDE SPRAY CONTRACT NO. TBD CONTRACTOR TBD DRAFT IDL RFQ 24-207-041021 7 of 40 GNA PANHANDLE ROADSIDE SPRAY STATE OF IDAHO DEPARTMENT OF LANDS PANHANDLE ROADSIDE SPRAY CONTRACT NO. TBD TABLE OF CONTENTS Table of Contents 1. Definitions and Terms 2. Representations and Warranties of the Contractor 3. Contract Relationship 4. AntiDiscrimination/Equal Employment Opportunity Clause 5. Contractor Responsibility 6. Registration with Secretary of State 7. Subcontracting 8. Taxes 9. Wage and Labor Compliance 10. Certification Concerning Boycott of Israel 11. Licenses, Permits & Fees 12. Save Harmless 13. Officials, Agents and Employees of the State Not Personally Liable 14. Risk of Loss 15. Insurance 16. Assignments 17. Appointment of Representative 18. Prohibited Contracts 19. Governing Law 20. Safety Information 21. Use of the State of Idaho Name 22. Ownership 23. Appropriation by Legislature Required 24. Force Majeure 25. Entire Agreement 26. Contract Termination 27. Performance of the Contractor 28. Modification 29. Public Records 30. Confidential Information 31. Non-Waiver 32. Non-Waiver of Sovereign Immunity 33. Attorney’s Fees 34. Trash Cleanup 35. Camping on National Forest or State Land 36. Fire Prevention Responsibilities 37. Government Regulations 38. Payments and Compliance 39. Contract Period Signature Page Special Provisions ROADSIDE SPRAY.......................................................................Attachment #1 Schedule A ......................................................................................................................... Attachment #2 Project Description & maps .................................................................................................. Attachment #3 AD-1048 .............................................................................................................................. Attachment #4 DRAFT IDL RFQ 24-207-041021 8 of 40 GNA PANHANDLE ROADSIDE SPRAY STATE OF IDAHO DEPARTMENT OF LANDS PANHANDLE ROADSIDE SPRAY 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.” 1. DEFINITIONS AND TERMS a. 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. b. 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. c. 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. d. 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. e. Contractor: The individual or business who has been awarded this Agreement to furnish goods or services for a certain price. f. 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. g. Crew: May be one or more individuals performing work under this contract. h. 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. i. Idaho State Department of Lands (IDL): Acceptable and legal reference to the Idaho Department of Lands for the purposes of this contract. j. Pre-work Conference: The meeting between the COR and Contractor about specifics of the contract administration. k. 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. DRAFT IDL RFQ 24-207-041021 9 of 40 GNA PANHANDLE ROADSIDE SPRAY l. Procurement Manager or Purchasing Agent: The Contracting Officer for IDL. m. Scope of Work: Detailed outline of the location, project description, timeline, and deliverables. n. Services: Includes services performed, workmanship, and materials furnished or utilized in the performance of services, including any deliverables. o. 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. p. 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. q. United States Forest Service (USFS): Acceptable and legal reference to the United States Forest Service for the purposes of this contract. 2. 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 defect 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. DRAFT IDL RFQ 24-207-041021 10 of 40 GNA PANHANDLE ROADSIDE SPRAY 3. 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. 4. 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. 5. 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. 6. 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 DRAFT IDL RFQ 24-207-041021 11 of 40 GNA PANHANDLE ROADSIDE SPRAY 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. 7. 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. 8. 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. 9. WAGE AND LABOR COMPLIANCE For the duration of the agreement, the Contractor attests to the following: a. 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; b. Contractor was in compliance with all labor laws; c. All debts incurred by the Contractor to accomplish the work requirements outlined by this agreement were paid in full. d. 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. 10. 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. 11. 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. 12. 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. DRAFT IDL RFQ 24-207-041021 12 of 40 GNA PANHANDLE ROADSIDE SPRAY 13. 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. 14. 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. 15. INSURANCE a. The Contractor shall obtain and retain in force for the duration of this Contract, the following forms of insurance written by an insurance company having a Best’s rating of AV or better and be licensed and admitted in Idaho. The Contractor shall furnish the State with a certificate of insurance executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below. All certificates shall provide for written notice to the State upon cancellation or material change of any insurance referred to therein. All policies shall be endorsed to include the State of Idaho, its departments, agents, officials, and employees as additional insureds and shall protect the Contractor and the State from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under this Contract whether such operations be by the Contractor, his employees, subcontractors, agents, or guests. All policies shall contain waiver of subrogation coverage or endorsements. Failure of the State to demand such certificate(s) or other evidence of full compliance with these insurance requirements or failure of the State to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. Failure to maintain the required insurance may result in termination of this Contract. The Contractor shall provide certified copies of all insurance policies required within ten (10) days if requested by the State. (1) Commercial General Liability Insurance Contractor shall maintain commercial general liability insurance with a combined single limit of not less than $1,000,000 each occurrence, with no less than a $2,000,000 annual aggregate. The commercial general liability shall be written on an International Organization of Standardization (ISO) occurrence form or a substitute form approved by the Contracting Officer and shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury, advertising injury, and liability assumed under an insured contract including the tort liability of another assumed in a business contract. (2) Automobile Insurance The Contractor shall maintain automobile liability insurance which shall provide a minimum $1,000,000 combined single limit per occurrence and shall include coverage for owned, non- owned, and hired automobiles. (3) Workers Compensation DRAFT IDL RFQ 24-207-041021 13 of 40 GNA PANHANDLE ROADSIDE SPRAY The Contractor shall maintain worker’s compensation insurance in amounts as required by statute in all states in which the Contractor performs work, and employer’s liability insurance with a limit of $100,000 Bodily Injury by Accident each Accident; $100,000 Bodily Injury by Disease – each employee; and $500,000 Bodily Injury by Disease – Policy Limit. b. By requiring insurance herein, the State does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to the State in this Contract. c. The Contractor shall require all subcontractors utilized in performance of this Contract to provide certificates of insurance to the State evidencing insurance coverage with the required additional insured endorsements as set forth in the preceding paragraphs. 16. 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. DRAFT IDL RFQ 24-207-041021 14 of 40 GNA PANHANDLE ROADSIDE SPRAY 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 a. TERMINATION FOR CAUSE WITH NOTICE: 1. The occurrence of any of the following events shall be an Event of Default under this Contract: a. A material breach of any term or condition of this Contract; or b. Any representation or warranty by Contractor in response to the Solicitation or in this Contract proves to be untrue or materially misleading; or c. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar DRAFT IDL RFQ 24-207-041021 15 of 40 GNA PANHANDLE ROADSIDE SPRAY 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 d. Any default specified in another section of this Contract. 2. 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. 3. 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: a. Exercise any remedy provided by law or equity; b. Terminate this Contract and any related Contracts or portions thereof; c. Impose liquidated damages as provided in this Contract; d. Suspend Contractor from receiving future bid solicitations; e. Suspend Contractor’s performance; f. Withhold payment until the default is remedied. b. 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. c. TERMINATION FOR CONVENIENCE i. 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. ii. 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: a. Stop work. b. Place no further subcontracts for materials, services, or facilities, except as necessary to complete the continuing portion of the Contract. c. Terminate all subcontracts to the extent they relate to the work terminated. DRAFT IDL RFQ 24-207-041021 16 of 40 GNA PANHANDLE ROADSIDE SPRAY d. Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts. iii. 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: a. The Contract price for Deliverables or services accepted by the State and not previously paid for; and b. The total of: i. 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; ii. 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 iii. Reasonable storage, transportation, demobilization, unamortized overhead and capital costs, and other costs reasonably incurred by the Contractor in winding down and terminating its work. iv. 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. d. 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. DRAFT IDL RFQ 24-207-041021 17 of 40 GNA PANHANDLE ROADSIDE SPRAY 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: a. 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; b. Becomes generally available to the public other than as a result of disclosure by Contractor; or c. 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 DRAFT IDL RFQ 24-207-041021 18 of 40 GNA PANHANDLE ROADSIDE SPRAY 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 a. 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. b. 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. c. Fire spreading through the Contract area, which is a result of the Contractor’s operation or DRAFT IDL RFQ 24-207-041021 19 of 40 GNA PANHANDLE ROADSIDE SPRAY 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. 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. 39. 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. This Contract shall expire one year from its effective date, 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. DRAFT IDL RFQ 24-207-041021 20 of 40 GNA PANHANDLE ROADSIDE SPRAY 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 By: By: Andrew Evans Title: Procurement Manager Title: Date and Time: ______________________________ DRAFT IDL RFQ 24-207-041021 21 of 40 GNA PANHANDLE ROADSIDE SPRAY ATTACHMENT 1 SPECIAL PROVISIONS ROADSIDE SPRAY 1. TREATMENT TYPE This project consists of roadside herbicide treatments on non-native invasive species. These treatments will decrease the spread of noxious weeds and aid in maintaining road access for forest management. Non-target impacts to native vegetation will be minimized to the extent possible during these treatments. 2. CONTRACT ADMINISTRATION The Contracting Officer Representative(s) (COR) identified in the Project Description retain the right to suspend contract activities due to environmental or performance related concerns. 3. PERFORMANCE OF THE CONTRACTOR a. The Contractor and the COR will meet in a pre-work conference to develop a mutually agreeable tentative schedule of herbicide application. Other, topics for discussion will include, but will not be limited to, contract terms, procedures used in marking the areas; handling, mixing, storing, and application of the herbicide; equipment capabilities; work site location; safety, etc. Participation at this meeting is required for the Contractor and COR. b. QUALIFIED SUPERVISORS. Contractor’s experienced, qualified supervisors are essential to satisfactory performance of the work under the Contract. Agency may consider lack of competent and capable supervision as grounds to terminate the Contract. An experienced, qualified supervisor must have a minimum of two (2) years of experience doing the type of work requested in this proposal and one (1) year experience supervising crews doing forest management activities. The Agency reserves the right to determine supervisory competence. Supervisors must be able to communicate fluently in English and in any language that crewmembers use to communicate. c. The Contractor agrees to start herbicide application upon receipt of a “Notice to Spray” issued at least three (3) days in advance from the State based upon the mutually agreed schedule, unless otherwise directed by the COR. d. The Contractor shall begin work in areas specified by the COR. Such areas will be defined at the pre-work conference. e. The Contractor shall aim to treat the infested area with the chemicals listed in the project description to the following standards; Weed treatments will occur from the toe of the fill to the top of the cut OR 25 linear feet perpendicular in either direction from the edge of the running surface (whichever comes first), the running surface itself, and on turnouts and existing landings. f. For each continuous roadside application made, the Contractor will complete a chemical treatment form; the form to be used will be determined at the pre-work IDL RFQ 24-207-041021 22 of 40 GNA PANHANDLE ROADSIDE SPRAY meeting. Completed application records must be submitted to IDL and USFS within 5 days of treatment unless otherwise agreed to at the pre-work meeting. 4. ITEMS TO BE FURNISHED BY THE CONTRACTOR a. The Contractor shall furnish all labor, equipment, supervision, transportation, materials and incidentals necessary to satisfactorily complete this contract including all safety equipment required by current laws and regulations. All personnel will be properly licensed in Idaho State for transporting, mixing and applying herbicides. b. The contractor shall be responsible for insuring that the proper rate per acre of herbicide is applied uniformly throughout the entire project area(s). Chemicals to be applied and any restricted areas or buffer zones will be specified in the Project Description. 5. ITEMS TO BE FURNISHED BY THE STATE: a. The COR is to acquaint the Contractor with each road segment to be treated and to conduct periodic field inspections. b. Before or at time of the pre-work meeting, copies of State Administrative map(s) and project maps of the contract area, will be provided to the contractor. If requested, these items will be returned once the contract work has been completed. Project maps will show approximate locations of live water. It is the responsibility of the contractor to watch out for additional locations of live water that may not be depicted on the project map. 6. LOCATION AND ACREAGE DETERMINATION a. Road miles and acres sprayed will be determined by a method approved by the State and agreed upon by the Contractor. The State may use a GPS to determine acres sprayed, vehicle odometer or other approved methods may be used to determine miles. Any disputes on project mile(s) by the Contractor must be submitted to the State in writing during the contract period. The State will traverse the road(s) for the Contractor for the project miles(s) in question. If the traverse is within 105 percent of the contract mileage, the Contractor will pay for the cost of the traverse. If the traverse mileage exceeds 105 percent of the contract mileage, the Contractor will be paid on the basis of the traverse mileage, and there will be no charge for the traverse. 7. HERBICIDE SPECIFICATIONS a. Herbicides to be used and rate of application are specified in the attached project description(s). b. The Contractor shall apply the chemicals in a manner and at a rate consistent with label directions. 8. SPRAY APPLICATION - The Contractor shall follow all application guidelines included in the Project Description and Attachments as well as items listed below. Permission to commence or suspend operations with respect to this item will rest with COR and that decision will be final. (1) Dispersal pattern – Spray material shall be applied at the rate specified within the Project Description(s), attached to this Contract, as uniformly as conditions permit and in accordance with label directions. IDL RFQ 24-207-041021 23 of 40 GNA PANHANDLE ROADSIDE SPRAY (2) Complete flushing and cleaning of the spray equipment as required by Federal and Idaho State herbicide laws will be required before commencing work. Additional flushing and cleaning may be required to ensure herbicides are applied in accordance with label direction (specifically when making applications near open water). (3) The COR shall inspect and approve all support equipment to be used for compliance with contract requirements. 9. CLIMATIC REQUIREMENTS Weather conditions shall be monitored before and during all spraying projects. Spraying is NOT allowed when any of the following conditions exist: a. Hand-held equipment: temperature greater than 95 degrees F.; humidity less than 20 percent, or wind greater than 8 MPH. b. Truck-mounted equipment: temperature greater than 95 degrees F.; humidity less than 20 percent; or wind greater than 8 MPH. c. When rain is expected within 4-6 hours of treatment. 10. NON-TARGET VEGETATION Non-target vegetation is any vegetation or plant that is NOT listed as a target species. Mortality and herbicide effects on non-target vegetation will be minimized to the extent reasonably possible. Spray booms should be switched off when non-target vegetation is more prevalent than target species. 11. CHEMICAL SPILLAGE The Contractor will be responsible for keeping chemical spillage immediately cleaned up and disposed of by Federal and Idaho State herbicide laws during and after completion of each project. This includes, but is not limited to, spillage associated with chemical transportation, loading operations, and jettisoned payloads. Transferring of herbicide from containers to mix tank and from mix tank to spray tank will be done in a manner so as to eliminate spills and leaks. All spills, large or small, will be cleaned up. a. The Contractor shall notify the COR of any spilled chemical and take immediate action to contain, neutralize, or isolate spilled chemicals as directed by the COR. All spillage must be cleaned up to satisfaction of the IDL. b. The COR or Contractor shall notify the Contracting Officer of any spilled chemical. c. The IDL may take whatever action is deemed necessary to contain, neutralize, or isolate any spillage. The IDL will have the latitude of either billing the Contractor directly for the costs incurred in abating the spillage, deducting costs from the contract payment, or deducting the costs from the Contractor's performance bond. IDL RFQ 24-207-041021 24 of 40 GNA PANHANDLE ROADSIDE SPRAY PROJECT DESCRIPTION IPNF Roadside Spraying SUPERVISORY AREA: South Zone, Idaho Panhandle National Forest PROJECT NAME: IPNF SZ Roadside Spraying PROJECT NUMBER: 24-207-041021 PROJECT ACRES / MILES: Approximately 135 miles PROJECT LOCATION: The project area includes roads on the Idaho Panhandle National Forest, located within the St. Joe Ranger District. Roads included in this project are located in six separate geographic areas: Avery (Old North Fork), Catspur, Gold, Hume Creek, Slate, Quartz. See attached map and roads spreadsheet). ACCESS: Access is by State Highways, rocked main-haul and secondary roads, and native surfaced spur roads that will be free of blow down. Gate keys will be provided to the contractor at the pre-work meeting. ROAD DESCRIPTION: See the attached maps for road locations, road junctions and treatment areas. TECHNICAL SPECIFICATIONS: The contractor will make herbicide treatments for the control of and only of invasive species, a list of target species is attached. Treatments will be paused in areas where non-target species comprise 75% or more of the spray area. The contractor will provide herbicides and non-ionic surfactants. Roadsides and road running surfaces will be sprayed with a mixture of the following herbicides at the listed application rates in a minimum of ten (10) gallons per acre water solution: Herbicide Rate / Acre Approximate Total Quantity Opensight (or equivalent) 3 ounces 8.7 pounds Escort (or equivalent) 1 once 2.9 pounds With permission of the COR the Contractor may use additional herbicides as listed in the St. Joe Ranger District Herbicide Application Guidelines (attached) for the areas to be treated. With treatments near live water, the contractor will follow directions as specified below in the Buffer Zones & Control Area section, the Special Provisions and the St. Joe Ranger District Herbicide Application Guidelines. The Contractor shall follow all restrictions and application rates listed on the label. The Contractor will be required to post warning signs at all road junctions as spraying progresses. Signs will be provided by the State or Forest Service. The State or Forest Service will remove the signs after the project is completed. The Contractor is also responsible for transportation, storage and proper disposal of herbicides, chemical waste, and empty containers. BUFFER ZONES & CONTROL AREAS: IDL RFQ 24-207-041021 25 of 40 GNA PANHANDLE ROADSIDE SPRAY No herbicide, except for pesticides approved for aquatic use and applied according to labeled directions, will be applied to live (flowing) streams or open waters. This includes seeps and wetland areas adjacent to roads being treated. Streamside Restrictions: No spray shall come into contact with open water at any time. Apply herbicide only when wind speeds are less than 8 miles per hour. Distance from live water Application Activity 0-50 feet Chemicals will not be used over water, including water standing or running in ditch-lines. Use only hand-pump/backpack spray application of herbicides within 50 feet of perennial flowing streams, rivers, wetlands or other standing bodies of water 50-150 feet Use only powered hand spraying equipment. INSPECTIONS: The COR or Inspectors identified below will inspect a minimum of 10% of roads sprayed in each road system identified in the attached maps. Any deficiencies or work not consistent with the guidelines in the Project Description and/or Special Provisions will be documented and measured in linear feet. Any work that does not meet the guidelines or specifications identified in this Project Description or the Special Provisions will be subject to a reduced payment rate from what is set forth in the Schedule A based on the following parameters: • Work that is 95% satisfactory or greater (5,016 feet per mile) will receive full payment. • Work that is 85-94% satisfactory (4,448 feet per mile) will have a 10% disincentive reduction applied. • Work that is 75-84% satisfactory (3,960 feet per mile) will have a 20% disincentive reduction applied. • Any work that is below 75% satisfactory would be deemed unacceptable and not receive any payment. PERIOD OF PERFORMANCE: Contract work may commence after the contractor has received a signed copy of the contract and has had a pre-work conference with the CORs listed below. No spraying will be allowed over any national holidays or holiday weekends. Spraying shall take place between the intervals of April 15- July 31, and September 1-October 31. (Fall treatments shall focus on knapweed, thistles, toadflax and tansy, with emphasis of treatment after first frost). CONTRACT ADMINISTRATION: The Contracting Officer Representative (COR) for IDL for this contract will be Chase Bolyard - cbolyard@idl.idaho.gov or 208-666-8656. The COR will administer the contract as required in all specifications. 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: • Resolve disputes between the USFS COR and the Contractor. IDL RFQ 24-207-041021 26 of 40 GNA PANHANDLE ROADSIDE SPRAY mailto:cbolyard@idl.idaho.gov • Decide questions of fact arising in regard to quality and acceptability of equipment to be used, materials furnished, and all work performed. • Process invoices for payment. The Contracting Officer Representative (COR) for USFS for this contract will be Dyar Frank, dyar.frank@usda.gov or 208-245-6227. The COR has the following authority in addition to that delegated in other portions of the contract: • Decide questions of fact arising in regard to quality and acceptability of work performed. • Make recommendations to IDL for invoice payment. COR’s may elect to use an Inspector to perform inspections and other routine field work. Any Inspectors for this project will be identified at the pre-work meeting. CONTRACT PAYMENT: 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. Payment will be made to the Contractor upon satisfactory completion of all fieldwork at the rates set forth in Schedule A. Invoices must be itemized per the attached Schedule A; payment will be made after receipt of the contractor’s itemized invoice for satisfactorily completed work. Invoices shall be submitted no more than monthly and will include a description of services completed during the period being invoiced. FURTHER INFORMATION: Contact information in final contract. IDL RFQ 24-207-041021 27 of 40 GNA PANHANDLE ROADSIDE SPRAY mailto:dyar.frank@usda.gov mailto:GNAInvoice@idl.idaho.gov 37 45 A 456 38 9A 3745 389 225 C TY-985-S 45 6 Esri, NASA, NGA, USGS, FEMA ® 0 1 20.5 Miles USDA FOREST SERVICE WATER NON-FS OWNERCLASSIFICATION Basic Ownership Slate CG Roads Legend 15 Other Public Roads 3 Roads Open to Highway Legal Vehicles Only, Yearlong 2 Roads Open to All Vehicles, Seasonal 1 Roads Open to All Vehicles, Yearlong Other Roads Roads for Treatment Water with 150' Buffer Other Roads Water Systems Name Road Number Segment Miles Water Buffer? 1 Slate Creek 225 1 3.14 Yes 2 Slate Creek CG 3745 1 1.42 Yes 3 Dry Gulch CTY-985-S 1 4.24 Yes Total 8.8 IDL RFQ 24-207-041021 28 of 40 GNA PANHANDLE ROADSIDE SPRAY Map 1 of 7 £¤8 §̈¦90 ¬«6 ¬«3 ¬«8 ¬«8 ¬«5 ¬«200 ¬«6 ¬«3 Enaville Kingston Cataldo Rose Lake Smelterville Pinehurst Kellogg Wardner Burke Lane GemOsburn Medimont Wallace Mullan St. Maries St. Joe Calder Avery Santa Emida Fernwood Clarkia Bovill Deary Helmer 3685361 14 50 3554 19 97 B 19 97 D 3745 225 CTY-985-S 33912 27 37 23 1222 1278 12 23 1219 218 14 79 19 501950A 1954 Esri, NASA, NGA, USGS ® 0 10 205 Miles USDA FOREST SERVICE WATER NON-FS OWNERCLASSIFICATION Basic Ownership Legend 15 Other Public Roads 3 Roads Open to Highway Legal Vehicles Only, Yearlong 2 Roads Open to All Vehicles, Seasonal 1 Roads Open to All Vehicles, Yearlong Other Roads US Highway State Highway Interstate Highway Highways Catspur Roads Old North Fork Road Slate CG Roads Smeagle Roads Hume Creek Roads Roads for Treatment IDL RFQ 24-207-041021 29 of 40 GNA PANHANDLE ROADSIDE SPRAY Map 2 of 7 Avery 19 97 B 1997D 19 97 Esri, NASA, NGA, USGS, FEMA ® 0 1 20.5 Miles USDA FOREST SERVICE WATER NON-FS OWNERCLASSIFICATION Basic Ownership Old NF Road Legend 15 Other Public Roads 3 Roads Open to Highway Legal Vehicles Only, Yearlong 2 Roads Open to All Vehicles, Seasonal 1 Roads Open to All Vehicles, Yearlong Other Roads US Highway State Highway Interstate Highway Highways Roads for Treatment Water with 150' BufferOther Roads Water Systems Name Road Number Segment Miles Water Buffer? 1 Maiden Creek 1997B 1 4.34 Yes 2 Rye Creek 1997 1 3.24 Yes 3 Maiden Creek 1997B 2 0.78 Yes 4 Old County RD NF Joe 1997D 1 1.85 Yes Total 10.21 IDL RFQ 24-207-041021 30 of 40 GNA PANHANDLE ROADSIDE SPRAY Map 3 of 7 ¬«6 19 52 14 79 1950 1950A 195 0C 19 54 Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/ NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, USFWS, Esri, NASA, NGA, USGS, FEMA ® 0 1 20.5 Miles USDA FOREST SERVICE WATER NON-FS OWNERCLASSIFICATION Basic Ownership Hume Creek Roads Legend 15 Other Public Roads 3 Roads Open to Highway Legal Vehicles Only, Yearlong 2 Roads Open to All Vehicles, Seasonal 1 Roads Open to All Vehicles, Yearlong Other Roads Roads for Treatment Water with 150' Buffer Other Roads Water Systems Name Road Number Segment Miles Water Buffer? 1 Fagen Preston Ridge1954 1 2.23 Yes 2 Hume Creek 1479 1 2.26 Yes 3 Hume Creek 1479 2 1.53 Yes 4 Hume Loop 1950A 1 1.53 Yes 5 Hume Ridge 1950 1 0.1 Yes 6 Hume Ridge 1950 2 2.12 Yes 7 Hume Ridge 1950 3 1.67 Yes 8 Hume Ridge 1950 4 1.86 Yes 9 Hume Run 1950C 1 1.74 No 10 Preston 1952 1 0.71 Yes Total 15.75 IDL RFQ 24-207-041021 31 of 40 GNA PANHANDLE ROADSIDE SPRAY Map 4 of 7 361 3568 3685C 1486 1486 3685 361 3686 14 50 3554 1486 Esri, NASA, NGA, USGS, FEMA ® 0 1.1 2.20.55 Miles USDA FOREST SERVICE WATER NON-FS OWNERCLASSIFICATION Basic Ownership Catspur Roads Legend 15 Other Public Roads 3 Roads Open to Highway Legal Vehicles Only, Yearlong 2 Roads Open to All Vehicles, Seasonal 1 Roads Open to All Vehicles, Yearlong Other Roads Roads for Treatment Water with 150' Buffer Other Roads Water Systems Name Road Number Segment Miles Water Buffer? 1 Anthony Peak 1486 1 1.59 Yes 2 Anthony Peak 1486 2 2.92 Yes 3 Bluebell 3685 1 0.99 Yes 4 Bluebell 3685 2 1.46 Yes 5 Bluebell 3685 3 1.93 Yes 6 Bobcat 3554 1 2.4 Yes 7 Catspur 361 1 1.37 Yes 8 Iris 3685C 1 0.43 No 9 Iris 3685C 2 0.71 No 10 Log Creek 1450 1 2.17 Yes 11 Top Cat 3568 1 0.39 Yes 12 Top Cat 3568 2 1.18 Yes 13 Windflower 3686 1 1.59 No Total 19.13 IDL RFQ 24-207-041021 32 of 40 GNA PANHANDLE ROADSIDE SPRAY Map 5 of 7 339 122 7 3723 12 23 Esri, NASA, NGA, USGS, FEMA ® 0 1 20.5 Miles USDA FOREST SERVICE WATER NON-FS OWNERCLASSIFICATION Basic Ownership Smeagle_Roads Legend 15 Other Public Roads 3 Roads Open to Highway Legal Vehicles Only, Yearlong 2 Roads Open to All Vehicles, Seasonal 1 Roads Open to All Vehicles, Yearlong Other Roads US Highway State Highway Interstate Highway Highways Roads for Treatment Water with 150' BufferOther Roads Water Systems Name Road Number Segment Miles Water Buffer? 1 Bruin Tubledown 1223 1 10.37 Yes 2 Entente Creek 1227 1 6.31 Yes 3 Quartz Creek 339 1 14.8 Yes 4 Quartz- Haggerty 3723 1 9.65 Yes Total 41.13 IDL RFQ 24-207-041021 33 of 40 GNA PANHANDLE ROADSIDE SPRAY Map 6 of 7 1222 1278 1219 21 8 Esri, NASA, NGA, USGS, FEMA ® 0 1 20.5 Miles USDA FOREST SERVICE WATER NON-FS OWNERCLASSIFICATION Basic Ownership Smeagle_Roads Legend 15 Other Public Roads 3 Roads Open to Highway Legal Vehicles Only, Yearlong 2 Roads Open to All Vehicles, Seasonal 1 Roads Open to All Vehicles, Yearlong Other Roads US Highway State Highway Interstate Highway Highways Roads for Treatment Water with 150' BufferOther Roads Water Systems Name Road Number Segment Miles Water Buffer? 1 Berge Peak 1219 1 6.18 Yes 2 East Fork Gold Creek 1222 1 7.24 Yes 3 Crooked Ridge 1278 1 16.1 Yes 4 St. Joe River 218 1 9.6 Yes Total 39.12 IDL RFQ 24-207-041021 34 of 40 GNA PANHANDLE ROADSIDE SPRAY Map 7 of 7 St. Joe Ranger District Herbicide Application Guidelines General Application Only the following herbicides are approved for use on the St. Joe Ranger District: 2,4-D amine, Clopyralid, Dicamba, Metsulfuon methyl and Aminopyralid. Limited use: Picloram, Glyphosate, Triclopyr Added 2020-2021: indaziflam,imazapic, imazapyr and an increased use of glyphosate specific to management of invasive annual grasses • Apply herbicide only when wind speeds are less than 6 miles per hour or as specified on the label. • Do not apply herbicide if precipitation is expected within 4 to 6 hours. • All herbicide application will be performed or directly supervised by a state licensed applicator. • Post all treatment areas of special public concern with signs prior to treatment and immediately following treatment. Such areas include mushroom and huckleberry picking areas, trailheads, campsites, and other high use areas. • Do not use picloram where there are coarse, sandy soils. Riparian and Wetland Habitat (Areas within 150 feet of perennial flowing streams, rivers, or wetlands) • Do not use picloram or clopyralid. Depending on site conditions, aquatically approved formulations of 2,4-D, glyphosate, or triclopyr are preferred. • Use only hand spray application with power pumping equipment within 150-50 feet of perennial flowing streams, rivers or wetlands. • Use only hand pump spray application of herbicides within 50 feet of perennial flowing streams, rivers, or wetlands. • With the exception of treating purple loosestrife with the aquatically approved formulations of glyphosate or triclopyr, herbicides would not be applied within 10 feet of perennial flowing streams, rivers, or wetlands. • Only non-ionic surfactants would be allowed for use with the aquatically approved herbicides. Only the surfactants such as Spreader Sticker, LI 700, or Ortho 77 and with a LC 50 value greater than 2348 ppm would be allowed for use. These surfactants are safe for use in waters where fish may be present. Identified Threatened, Endangered, or Sensitive (TES) Plant Locations • Do not use vehicle-based herbicide application within 50 feet from known sensitive plant locations. Mechanical control or hand spray are preferred methods. • Do not use herbicides within 25 feet from a knwn TES plant locations. • Do not use picloram or 2,4-D (alone). Depending on conditions, clopyralid or clopyralid combined with 2,4-D are preferred. Conifer Plantations • Use mechanical control, hand spray of herbicides or hand spray with power equipment. Do not use power boom equipment. • Do not use picloram. Depending on conditions, clopyralid or clopyralid combined with 2,4-D are preferred. IDL RFQ 24-207-041021 35 of 40 GNA PANHANDLE ROADSIDE SPRAY . Handling Of Herbicides In Case of Spills Any spill of concentrate or mixed chemicals must be reported. Notify the District office where the spill occurred, and Coeur d’Alene Dispatch. The CDA Dispatch # is (208) 772-3282. Provide information on what chemical is involved, how much was spilled, and what persons or other resources may be involved or at risk. The following equipment will be available with vehicles or pack animals used to transport pesticides and in the immediate vicinity of all spray operations. • A shovel • A broom • 10 pounds of absorbent material or the equivalent in absorbent pillows • A box of large plastic garbage bags • Rubber gloves • Safety goggles • Protective overalls • Rubber boots The following information will be reviewed with all personnel involved in the handling of pesticides: • Applicable Safety Data Sheets (SDS) . • From the EPA guide Applying Pesticides Correctly: A Guide for Private and Commercial Applicators, the section entitled "Clean Up of Pesticide Spills". • From the Northern Region Emergency and Disaster Plan the section entitled “Hazardous Materials Releases and Oil Spills” Procedures For Mixing, Loading and Disposal of Herbicides 1. All mixing of herbicides will occur at least 100 feet from surface waters or well heads 2. Dilution water will be added to the spray container prior to addition of the spray concentrate. 3. All hoses used to add dilution water to spray containers will be equipped with a device to prevent back- siphoning. 4. Applicators will mix only those quantities of herbicides that can be reasonably used in a day. 5. During mixing, mixers will wear a hard hat, goggles or face shield, rubber gloves, rubber boots, and protective overalls. 6. All empty containers will be triple rinsed and disposed of by spraying near the application site at rates that do not exceed those on the spray site. 7. All unused herbicide will be stored in a locked building in accordance with herbicide storage regulations contained in Forest Service Handbook 2109.13. 8. All empty and rinsed pesticide containers will be punctured and either burned or disposed of in a sanitary landfill. IDL RFQ 24-207-041021 36 of 40 GNA PANHANDLE ROADSIDE SPRAY Target Invasive Species Common Name Latin Name houndstongue Cynoglossum officinale sulphur cinquefoil Potentilla recta oxeye daisy Leucanthemum vulgar spotted knapweed Centaurea stoebe canada thistle Cirsium arvense bull thistle Cirsium vulgare st. johnswort Hypericum perforatum mullein Verbascum densiflorum orange hawkweed Hieracium aurantiacum meadow hawkweed Hieracium caespitosum yellow toadflax Linaria vulgaris dalmation toadflax Linaria dalmatica common tansy Tanacetum vulgare yellow sweet clover Melilotus officinalis white sweetclover Melilotus alba IDL RFQ 24-207-041021 37 of 40 GNA PANHANDLE ROADSIDE SPRAY Column1 Road Name Road Number Miles Water Buffer? Miles in Buffer Area Start Point End Point Notes 1 Fagen Preston 1954 2.23 Yes 0.12 Hume Creek Junction of RD1950 (Hume Ridge) Road End 2.23 miles from start point 2 Hume Creek 1479 3.79 Yes 2.17 Hume Creek USFS Boundary 0.79 miles from RD299 (Charlie Creek) junction 3.79 miles from start point Road continues past end point, DO NOT treat past end point 3 Hume Loop 1950A 1.53 Yes 0.29 Hume Creek Junction of RD1950 (Hume Ridge) Road End 1.53 miles from start point 4 Hume Ridge 1950 5.75 Yes 2.23 Hume Creek Junction of RD1479 (Hume Creek) Road End 5.75 miles from start point 5 Hume Run 1950C 1.74 No Hume Creek Junction of RD1950 (Hume Ridge) Road End 1.74 miles from start point 6 Preston 1952 0.71 Yes 0.28 Hume Creek Junction of RD1950 (Hume Ridge) Road End 0.71 miles from start point 7 Anthony Peak 1486 4.51 Yes 0.43 Catspur Junction of RD361 (Catspur) 2.24 miles from second RD3685 (Bluebell) junction After 0.79 miles from start point 1486 leaves USFS, 1486 returns to USFS after 0.29 miles. After 0.8 miles 1486 intersects RD3685 (Bluebell) the first time, PAUSE 1486 treatment. RESUME 1486 treatment at second RD3685 intersection. South West segment leaves USFS after 0.67 miles, STOP Treatment. North East segment ends after 2.24 miles, END Treatment. 8 Bluebell 3685 4.38 Yes 0.32 Catspur Junction of RD1486 (Anthony Peak) Junction of RD3685C 9 Bobcat 3554 2.4 Yes 0.08 Catspur Junction of RD1450 (Log Creek) Road leaves USFS after 2.4 miles Road continues past end point, DO NOT treat past end point 10 Catspur 361 1.37 Yes 0.25 Catspur Junction of RD301C (Pine Road) Road leaves USFS after 4.1 miles After 0.28 Miles RD 361 leaves USFS, DO NOT Treat. Road Returns to USFS after 0.21 miles, RESUME Treatment. Road leaves USFS a second time, END Treatment 11 Iris 3685C 1.14 No - Catspur Junction of RD3685 1.14 miles from start point Road continues past end point, DO NOT treat past end point 12 Log Creek 1450 2.17 Yes 0.68 Catspur USFS Boundary 0.9 miles from RD36 2.17 miles from start point Road continues past end point, DO NOT treat past end point 13 Top Cat 3568 1.57 Yes 0.11 Catspur Junction of RD 3554 (Bobcat) Road End 1.57 miles from start point Road never leaves USFS, but does run with the boundary for a bit near e 14 Windflower 3686 1.59 No - Catspur Junction of RD1486 (Anthony Peak) Road End 1.59 miles from start point 15 Slate Creek 225 3.14 Yes 0.87 Slate CG Junction of CTY-985-S Junction of RD3745 Road continues south past junction of RD3745, Do NOT Treat past RD37 16 Slate Creek CG 3745 1.42 Yes 0.4 Slate CG Junction of RD225 (Slate Creek) Road End 1.42 miles from start point 17 Dry Gulch CTY-985-S 4.24 Yes 0.51 Slate CG Junction of RD456 (Moon Pass) 4.24 miles from start point After 4.24 miles CTY-985-S leaves USFS, Do NOT Off USFS 18 Maiden Creek 1997B 5.12 Yes 3.75 Old NF Joe Junction FH-50 (St. Joe River Road) Junction of 1997(Rye Creek) 19 Rye Creek 1997 3.24 Yes 3.19 Old NF Joe Junction of 1997B(Maiden Creek) Junction of 1997D(Old County RD NF Joe 20 Old County RD NF Joe 1997D 1.85 Yes 1.63 Old NF Joe Junction of 1997(Rye Creek) Junction of RD456 and RD326 21 Bruin Tubledown 1223 10.37 Yes 1.63 Smeagle1 Junction of RD339(Quartz Creek) 10.37 miles from start point Road continues past end point, DO NOT treat past end point 22 Entente Creek 1227 6.31 Yes 1.38 Smeagle1 Junction of RD339(Quartz Creek) Road End 6.31 miles from start point 23 Quartz Creek 339 14.8 Yes 8.32 Smeagle1 Junction of FH-50(St Joe River) Junction of FH-50(St Joe River) 24 Quartz- Haggerty 3723 9.65 Yes 1.65 Smeagle1 Junction of RD339(Quartz Creek) Road End 9.65 miles from start point 25 Berge Peak 1219 6.18 Yes 0.59 Smeagle2 Junction of RD1222 (East Fork Gold Junction of RD1278(Crooked Ridge) 26 East Fork Gold Creek 1222 7.24 Yes 1.95 Smeagle2 Junction of FH-50(St Joe River) Junction of RD391(State Line) 27 Crooked Ridge 1278 16.1 Yes 2.94 Smeagle2 Junction RD391(State Line) Road End 16.1 miles from start point 28 St Joe River 218 9.6 Yes 6.24 Smeagle2 Junction of FH-50(St Joe River) Junction of RD320 Road continues past end point, DO NOT treat past end point Total Total 134.14 42.01 IDL RFQ 24-207-041021 38 of 40 GNA PANHANDLE ROADSIDE SPRAY This form is available electronically. Form Approved – OMB No. 0505-0027 Expiration Date: 12/31/2018 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552(a), as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 C.F.R. §§ 180.300, 180.355, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal and civil fraud privacy, and other statutes may be applicable to the information provided. (Read Instructions On Page Two Before Completing Certification) A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S) SIGNATURE(S) DATE 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. United States Department of Agriculture AD-1048 IDL RFQ 24-207-041021 39 of 40 GNA PANHANDLE ROADSIDE SPRAY Instructions for Certification (1) 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. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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. (7) 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. (8) 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. (9) 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. Form AD-1048 (REV 12/15) Page 2 of 2 IDL RFQ 24-207-041021 40 of 40 GNA PANHANDLE ROADSIDE SPRAY