Weippe Road Maintenance

STATE OF IDAHO DEPARTMENT OF LANDS WEIPPE ROAD MAINTENANCE INVITATION TO BID NO. 24-220-420150 DUE BEFORE 3:00:00 PM PT ON APRIL 1, 2024 IDAHO DEPARTMENT OF LANDS WEIPPE ROAD MAINTENANCE INVITATION TO BID NO. 24-220-420150 Table of Contents Page Invitation to Bid Instructions 3 General Information 5 Schedule of Events 8 Schedule A 9 Draft Contract 10 Project Descriptions and Maps 29 Bidder Questions 41 IDL ITB 24-220-420150 2 of 42 WEIPPE ROAD MAINTENANCE STATE OF IDAHO DEPARTMENT OF LANDS INVITATION TO BID 24-220-420150 WEIPPE ROAD MAINTENANCE RESPONSES DUE BEFORE 3:00:00 PM PT ON APRIL 1, 2024 The purpose of this Invitation to Bid (ITB) package is to solicit sealed bids for the efficient completion of the ROAD MAINTENANCE work outlined in the attached project descriptions and contract documents. NOTE: Your company must be registered in LUMA as a supplier to be awarded a contract. PRE-BID MEETING: This Invitation to Bid is time sensitive and does not involve a pre-bid meeting. It is

to your benefit to immediately review the document and ask questions (if any) as soon as possible. QUESTIONS: All questions related to this Invitation to Bid shall be directed to Sherry Leason at sleason@idl.idaho.gov . Inquiries shall be in writing using Attachment 3 – Bidder Questions. Inquiries shall reference the appropriate ITB page number and section. Verbal questions will not be accepted. The deadline for receiving questions is 5:00 P.M., PT, on March 15, 2024. Only questions answered by written amendment are binding. Oral interpretations have no legal effect. Unofficial communication streams are not binding and at the Contractors own risk. Responses to questions received will be posted as an addendum on the IDL website at www.idl.idaho.gov . INSTRUCTIONS: The submitting Vendor agrees that its Bid, Quotation or Proposal shall be good and may not be withdrawn for a period of ninety (90) days after the scheduled closing date, unless otherwise identified in the Solicitation. No Bid, Quotation or Proposal will be accepted if marked "price prevailing at time of delivery,” “estimated prices,” “actual costs to be billed,” or similar phrases. After the date and time of closing, no price change will be allowed, unless otherwise stated in the Solicitation. All Bids, Quotations and Proposals must be in U.S. Dollars. All price bids must be entered on the attached Schedule A. Bids may be entered electronically in the excel version of the Schedule A. Simply enter the PRICE PER UNIT and the Excel sheet will calculate the TOTAL EXTENDED AMOUNT. Then print and sign the form OR print the blank form and enter bids by hand and sign it. The signed Schedule A shall be returned to either the Email or physical address listed below. The right is reserved to accept bids on each item separately or as a whole. IDL reserves the right to award on an all or nothing basis or to accept any portion of a bid or to award multiple contracts if in the best interest of the State. Idaho Department of Lands shall award to the qualified respondent(s) submitting the lowest responsive bid. In the case of math errors, the PRICE PER UNIT will be correctly extended and the corrected TOTAL EXTENDED AMOUNT will be the basis for award. ITB DEADLINE AND DELIVERY REQUIREMENTS: Sealed bids must be received by the Idaho Department of Lands at 3284 West Industrial Loop, Coeur d’Alene Idaho 83815 before 3:00:00 PM PT on April 1, 2024. The Department of Lands is not responsible for lost or undelivered bids or for failure of the United States Postal Service or any mail courier service to deliver bids to the Idaho Department of Lands by the bid deadline. The Idaho Department of Lands assumes no responsibility for failure of any electronic submission process, including any computer or other equipment to deliver all or a portion of the Bid at the time, or to the location, required by the Solicitation. The date and time of electronically received bids, to the Idaho Department of Lands email address listed below, will be used to determine if electronically submitted bids were received by the due date and time specified. Late bids will not be accepted. Fax bids will not be accepted. Delivery Address: Idaho Department of Lands ATTN: Sherry Leason, Senior Buyer 3284 West Industrial Loop Coeur d’Alene ID 83815 OR PurchasingITB@idl.idaho.gov A bid submitted using “Express/Overnight” services must be shipped in a separate sealed inner envelope identified as stated below and enclosed inside the “Express/Overnight” shipping envelope. IDL ITB 24-220-420150 3 of 42 WEIPPE ROAD MAINTENANCE mailto:sleason@idl.idaho.gov http://www.idl.idaho.gov/ mailto:PurchasingITB@idl.idaho.gov Mailed bids are to be mailed in a sealed envelope and are to be marked in the lower left hand corner with the following information: Sealed Bid For: Responses due: ITB 24-220-420150 – WEIPPE ROAD MAINTENANCE Before 3:00:00 PM PT on 4/1/24 Emailed bids are to be marked in the subject line with the following information: Sealed Bid For: ITB 24-220-420150 – WEIPPE ROAD MAINTENANCE - DUE 3 PM PT on 4/1/24 PUBLIC BID OPENING There will be a public bid opening at the Idaho Department of Lands at 3284 West Industrial Loop, Coeur d’Alene ID 83815 at 3:15:00 P.M. (PT) on 4/1/24. Participants may attend via IDL’s phone conferencing solution in place of attending in person by calling 208-769-1525 and asking to be transferred to extension 5058. IDL ITB 24-220-420150 4 of 42 WEIPPE ROAD MAINTENANCE 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. ORAL INFORMATION The State will not be responsible for any verbal or oral 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 ITB 24-220-420150 5 of 42 WEIPPE ROAD MAINTENANCE 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 BIDS AND CANCELLATION OF SOLICITATION Prior to the issuance of a contract, the State shall have the right to accept or reject all or any part of a bid when: (i) it is in the best interests of the State of Idaho; (ii) the bid does not meet the minimum bid specifications; (iii) the bid is not the lowest IDL ITB 24-220-420150 6 of 42 WEIPPE ROAD MAINTENANCE responsible bid; (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 bid 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 bids or to cancel the solicitation. Cancellation may be for reasons that include but are not limited to: (i) inadequate or ambiguous specifications; (ii) specifications have been revised; (iii) property is no longer required; (iv) there is a change in requirements; (v) all bids are deemed unreasonable or sufficient funds are not available; (vi) bids were not independently arrived at or were submitted in bad faith; (vii) it is determined that all requirements of the solicitation process were not met; (viii) insufficient competition; or (ix) it is in the best interests of the state of Idaho. AWARD PROCEDURES IDL reserves the right to enter into negotiations in accordance with IDL Procurement Policy 455. The State will notify all respondents by mail and/or email, of its intent to award a contract and the party(ies) to whom the contract will be awarded. After elapse of the five (5) day appeal period, if no appeals are received, the State will award a contract to the successful respondent(s). Respondents to whom a contract has been awarded will have fourteen (14) calendar days from the 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 ITB 24-220-420150 7 of 42 WEIPPE ROAD MAINTENANCE IDL ITB 24-220-420150 WEIPPE ROAD MAINTENANCE SCHEDULE OF EVENTS Invitation to Bid Release Deadline for Receipt of Written Inquiries Bid Due Date Anticipated Intent to Award Date Anticipated Contract Award Date March 1, 2024 March 15, 2024 Before 3:00 PM PT on April 1, 2024 April 3, 2024 April 11, 2024 IDL ITB 24-220-420150 8 of 42 WEIPPE ROAD MAINTENANCE EQUIPMENT EQUIPMENT EQUIVALENT ESTIMATED QUANTITY 2024 ONLY UNIT(S) OF MEASURE PRICE/UNIT OF MEASURE 2024 TOTAL EXTENDED AMOUNT 2024 PRICE/UNIT OF MEASURE 2025 PRICE/UNIT OF MEASURE 2026 Excavator, Small (must include a bucket with operating thumb) Cat 312, Komatsu 120 1 Hour -$ -$ -$ -$ Excavator, Medium (must include a bucket with operating thumb) Cat 320, Any other 200n series machine or equivalent 1 Hour -$ -$ -$ -$ Excavator, Large (must include a bucket with operating thumb) Cat 330, Any other 300 series machine or equivalent 1 Hour -$ -$ -$ -$ Water Truck 1000 gallon capasity or larger 1 Hour -$ -$ -$ -$ Dozer D-8 1 Hour -$ -$ -$ -$ Grader JD 770, 14, 14G, 140G, 143H 1 Hour -$ -$ -$ -$ Dump Truck 12 - 14 yard 1 Hour -$ -$ -$ -$ Rubber Tire Backhoe Cat 416 or equivalent 1 Hour -$ -$ -$ -$ Mechanical Brusher/Masticator Cat 315 with a mulching head or equivalent 1 Hour -$ -$ -$ -$ Front End Loader 1 Hour $ - $ - $ - $ - Track Loader/Skid Steer 1 Hour -$ -$ -$ -$ Vibratory Plate Compactor/Tamper 1 Hour -$ -$ -$ -$ Vibratory Roller 1 Hour -$ -$ -$ -$ Labor - Non Skilled 1 Hour -$ -$ -$ -$ Labor - Skilled Sawyer 1 Hour -$ -$ -$ -$ Transport Dump truck with trailer 1 Hour -$ -$ -$ -$ Transport Tractor trailer lowboy 1 Hour -$ -$ -$ -$ Support Vehicle 3/4 - 1 Ton service truck with welder 1 Hour -$ -$ -$ -$ Company Name Contractor's Name Mailing Address Signed By Please Print Name Title Equipment with an Estimated Quantity of "1" will be utilized on an as-needed basis. IDL is requiring quotes for these pieces of equipment to establish hourly rates in the event this equipment is required. Taxpayer ID# Contractors Signature In the case of math errors, the PRICE PER UNIT OF MEASURE will be correctly extended and the corrected TOTAL EXTENDED AMOUNT 2024 will be the basis for award. 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. Contractors Email Contractors Phone Equipment rates are fully operated. Transport miles will be from the location designated in the project description or actual miles whichever proves less. Transport rates are paid one way. Other hour and mile rates are for on project only and do not include miles and hours to get to the site. TOTAL BID 2024 -$ SCHEDULE A 24-220-420150 - WEIPPE ROAD MAINTENANCE IDL ITB 24-220-420150 9 of 42 WEIPPE ROAD MAINTENANCE STATE OF IDAHO DEPARTMENT OF LANDS WEIPPE ROAD MAINTENANCE CONTRACT NO. TBD CONTRACTOR TBD DR AF T IDL ITB 24-220-420150 10 of 42 WEIPPE ROAD MAINTENANCE STATE OF IDAHO DEPARTMENT OF LANDS WEIPPE ROAD MAINTENANCE 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 State Land 36. Fire Prevention Responsibilities 37. Government Regulations 38. Payments and Compliance 39. Contract Period Signature Page Special Provisions – ROAD MAINTENANCE ....................................................................... Attachment #1 Schedule A .......................................................................................................................... Attachment #2 Project Description(s) and Map(s) ........................................................................................ Attachment #3 DR AF T IDL ITB 24-220-420150 11 of 42 WEIPPE ROAD MAINTENANCE STATE OF IDAHO DEPARTMENT OF LANDS WEIPPE ROAD MAINTENANCE 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 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 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. l. Procurement Manager or Purchasing Agent: The Contracting Officer for IDL. DR AF T IDL ITB 24-220-420150 12 of 42 WEIPPE ROAD MAINTENANCE 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. 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. 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 DR AF T IDL ITB 24-220-420150 13 of 42 WEIPPE ROAD MAINTENANCE 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 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 DR AF T IDL ITB 24-220-420150 14 of 42 WEIPPE ROAD MAINTENANCE 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. 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. DR AF T IDL ITB 24-220-420150 15 of 42 WEIPPE ROAD MAINTENANCE 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. 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 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. DR AF T IDL ITB 24-220-420150 16 of 42 WEIPPE ROAD MAINTENANCE 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 Safety Data Sheets (SDS) for any regulated chemicals, equipment or hazardous materials at the time of delivery. 21. USE OF THE STATE OF IDAHO NAME Contractor agrees that it will not, prior to, in the course of, or after performance under this contract, use the State's name in any advertising or promotional media as a customer or client of Contractor without the prior written consent of the State. 22. OWNERSHIP All information furnished to the Contractor for its use pursuant to this Contract shall belong to the State and shall be returned to the State in good order upon completion of the Contract or upon the State's request. All documents, reports, and any other data developed by the Contractor for the State in the performance of this Contract shall become the property of the IDL. The State shall retain exclusive rights of ownership to all work produced by the Contractor under this Contract. 23. APPROPRIATION BY LEGISLATURE REQUIRED DR AF T IDL ITB 24-220-420150 17 of 42 WEIPPE ROAD MAINTENANCE 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 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 DR AF T IDL ITB 24-220-420150 18 of 42 WEIPPE ROAD MAINTENANCE 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. 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: DR AF T IDL ITB 24-220-420150 19 of 42 WEIPPE ROAD MAINTENANCE 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. 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. DR AF T IDL ITB 24-220-420150 20 of 42 WEIPPE ROAD MAINTENANCE 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 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 DR AF T IDL ITB 24-220-420150 21 of 42 WEIPPE ROAD MAINTENANCE 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 for the recovery of costs of the cleanup. 35. CAMPING ON STATE LAND Contractor personnel may, with written approval from the State, camp during the Contract period on 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 Supervisory Area and be in compliance with State Land Board rules and regulations for fire prevention. 36. FIRE PREVENTION RESPONSIBILITIES a. The Contractor will adhere to the State Land Board rules and regulations which set forth fire prevention safety precautions for woods operations. Such rules and regulations are available at any IDL 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 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. DR AF T IDL ITB 24-220-420150 22 of 42 WEIPPE ROAD MAINTENANCE 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, with the option to renew with negotiated rates for two (2) additional one (1) year periods, under the same terms and conditions, unless terminated earlier by the State under any of the provisions of paragraph 26 or 27 of this Contract. Negotiations for renewals shall take place 30-45 days prior to expiration. All requirements of the Contract must be satisfactorily completed by the Contract expiration date. DR AF T IDL ITB 24-220-420150 23 of 42 WEIPPE ROAD MAINTENANCE 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: ______________________________ DR AF T IDL ITB 24-220-420150 24 of 42 WEIPPE ROAD MAINTENANCE ATTACHMENT 1 SPECIAL PROVISIONS GENERAL ROAD MAINTENANCE Unless stated otherwise, all work performed shall conform to that commonly used in the forestry profession, the IDL Forest Management Manual, and as directed by the IDL. 1. ADDITIONAL DEFINITIONS AND TERMS: a. Request for Service: A written description of additional work required under this contract not described in the project description or work supplement. The FIC will initiate the request and agree to in writing by the Contractor. The request will list the work required and estimate of supplies and materials need to complete the project. The Contractor and FIC will sign the request prior to starting work. Payment for work completed under a request for service will be made at the rate(s) set forth in Schedule A attached hereto. Additional equipment required and not listed on the Schedule A attachment will be hired at negotiated hourly rates not to exceed the Area’s cooperative rates. 2. ITEMS TO BE FURNISHED BY THE CONTRACTOR: a. The Contractor will provide all equipment, pertinent materials, labor including staff supervision, fuel, and incidentals necessary to complete all provisions of this contract except as may be noted elsewhere in this contract or by the COR. The Contractor will furnish an address and telephone number where the FIC can reach the Contractor within a twenty-four (24) hour period and reply to the FIC within that twenty-four (24) hour period. b. The Contractor may purchase needed miscellaneous supplies (culverts, grass seed, fertilizer, straw bales, etc.) once authorized by the FIC in writing. Contractor will submit proof of purchase (original receipt) with billing as State will reimburse for actual costs. c. The Contractor will be required to maintain a daily log showing all labor and equipment usage (miles and hours). The daily log will also include a list of all supplies used on the project. The Contractor will provide the log to the State upon request. d. Other items as per the attached project description(s) or FIC. 3. ITEMS TO BE FURNISHED BY THE STATE: a. The State shall furnish a FIC who will be qualified to explain the objectives and expectations of the project, answer questions, provide clarification, and to conduct periodic field inspections. FIC shall be the primary IDL contact with the Contractor and shall act as the representative of IDL in all contract matters. b. The State will supply materials and supplies required to complete the projects unless otherwise designated. Examples of supplies that will be provided include steel culverts and associated hardware, rip rap and surfacing rock, and appropriate filter fabric as required. The state will also provide copies of State Administrative maps and project maps of specific project areas. 4. CONTRACT ADMINISTRATION: a. The FIC will administer the contract as required in all specifications. b. Disputes between the FIC and the Contractor will be resolved by the State. c. The FIC has the following authority in addition to that delegated in other portions of the contract: 1) Decide questions of fact arising in regard to quality and acceptability of equipment to be used, materials furnished, and all work performed. 2) Make recommendations for payment. IDL ITB 24-220-420150 25 of 42 WEIPPE ROAD MAINTENANCE 5. GENERAL ROAD STANDARDS: Unless stated otherwise, all procedures and standards shall conform to those commonly used in the forest road building/construction/reconstruction profession, policies and procedures of the IDL, the Idaho Forest Practices Act (FPA), and as directed by the State. The following general road standards will be followed unless otherwise designated by the FIC or in the project description. Roads should be maintained to the standards that they were constructed unless upgrading of the road is required. a. Cut / fill and Running Surface: 1) Running surface width will be maintained to the original width. Usually 12 to 18 feet depending on the type of road. 2) Cut slopes will be 1:1. 3) Fill slopes will be 1 1⁄2:1. 4) Running surface will be outsloped or insloped depending on the existing road design. The Contractor may also be required to change the slope of the running surface as designated by the FIC. 5) All running surface material shall remain on the crown of the road and not be side cast. b. Culverts not replaced shall be free flowing with inlet and outlet clear of debris. c. Drainage Structures: 1) Drainage structures will be maintained or built into the road as needed and explained in the project description or per FIC. 2) Cross drainage structures installed in roads shall slope diagonally out and down grade at an adequate angle to divert water from the road. Each ditch shall be cut into the roadbed, tied to the cut bank, sloped to the shoulders, open at the lower end, and capable of diverting water flow completely off the road at that point. 3) Drainage structure spacing shall be approximately as follows: 0-4% (road grade), 150 feet; 5-10%, 100 feet; 11% and greater, 50 feet; or as designated by the FIC. 4) Drainage structures in roads shall be located within 30 feet uphill of all stream crossings and/or fills except where diverted water will erode fill slopes or at locations designated by the FIC. 6. GRADING: Roads will be graded at locations designated by the State by a request for service or as described in the project description. a. Work will include, grading the road surface, the berm on the outside edge shall be pulled in and incorporated into the running surface unless directed otherwise by the FIC. b. Inside ditches shall be opened and material shall be incorporated into road surface or disposed of as directed by the FIC. c. Culvert inlets opened and catch basin cleaned. d. Rolling dips and sediment traps maintained as directed by the FIC. e. Roads will be watered in conjunction with grading when needed. IDL ITB 24-220-420150 26 of 42 WEIPPE ROAD MAINTENANCE f. Culverts damaged by grading operations will be repaired or replaced at the Contractor’s expense. 7. CULVERT INSTALLATION: Culverts will be installed at locations designated by the State. Culverts will be 16 gauge, 2 2/3" x 1/2" corrugation with 12" bands or as directed by the FIC. Culverts maybe purchased by the Contractor or provided by the State as stated in the Project Description or FIC. Proof of purchase (receipt) will be required with Contractors billing. All culvert installations shall comply with the following specifications unless otherwise directed by the FIC: a. All culvert installation will comply with IDAPA 37, Title 03, Chapter 07, Stream Channel Alteration Rules. b. All culverts shall be bedded in an earth foundation of uniform density that has been shaped to the desired camber and to conform to the shape of the pipe for at least ten percent of its diameter. The bedding shall afford a uniform, firm and true bed, free from projecting stones, roots, or other irregularities for a depth under the culvert of not less than one-half inch per foot height of fill over the pipe with a minimum allowable thickness of four inches. c. All culverts shall be so laid that the distance from the finished road surface to the top of the pipe shall not be less than 12 inches. d. All culverts shall be laid with separate sections joined firmly together and shall coincide closely with the existing stream channel, both in gradient and in alignment. Catch basins and riprap are required at the upper end. Splash basins with riprap are required at the lower end in cases where water will erode the fill. e. Any culvert which is not of true alignment, shows any undue settlement after being laid, is damaged, or is not functioning properly, shall be taken up and re-laid or replaced by the Contractor at the Contractor’s expense. f. All culvert installation shall be done during periods of low water. g. Riprapping and armoring shall be completed at the time of culvert installation wherever there is potential for erosion. 8. CULVERT REMOVAL: Culverts will be removed at locations designated by the FIC, project description, or in a request for service in a manner directed by the FIC. a. Trench walls shall be reshaped to a 11⁄2:1 (horizontal to vertical) ratio and trench shall encompass bank full width of existing stream. b. The State requires the Contractor to remove from State site any culverts that have been designated for removal and dispose of them at a FIC approved salvage yard or appropriate location as designated by the FIC as in the case of reusable culverts. 9. ROAD ABANDONMENT: Roads designated for abandonment work will require the following per the project description, the request for service, or FIC: a. Install drainage structures as explained in the project description or per FIC. b. Remove and dispose of culverts as designated by the FIC, reshaping disturbed areas to slopes of approximately but not steeper than 11⁄2:1 ratio (horizontal to vertical). 10. ROAD BRUSHING AND CLEARING: Designated roads will be cleared and brushed to allow for safe vehicle traffic clearing work will require the IDL ITB 24-220-420150 27 of 42 WEIPPE ROAD MAINTENANCE following: a. Clear road surface of all debris as needed and cut and remove all stems which protrude or lean into the road right-of-way. b. Brush cut and fill slopes by removing all stems two feet in height and greater. Distance up the cut slope and down the fill slope is designated in the project description or the request for service. If not designated, clearing distances will be required that allow for safe vehicle travel and be a minimum of 10 feet from the edge of the road surface. 11. INSPECTIONS AND PAYMENT: a. Inspection reports will be furnished to the Contractor by the FIC so that any deficiencies may be corrected as contract work progresses. b. Upon satisfactory completion of specific project work agreed upon under a request for service or as described in the project description or project supplement, the Contractor will submit a detailed invoice to the IDL for payment. c. If work on a specific project or part thereof fails to meet contract specifications, payment will be withheld on the unsatisfactory portion. The Contractor shall, at no additional expense to the State, re-work unsatisfactory areas or parts thereof. In the event the contract is terminated for unsatisfactory performance, payment will be made as set forth in this contract for work satisfactorily completed. Payment schedules are specified in the attached project description(s) or agreed upon in the request for service. All payments even for work agreed upon in a request for service will be made at the rate(s) set forth in Schedule A attached hereto. IDL ITB 24-220-420150 28 of 42 WEIPPE ROAD MAINTENANCE PROJECT DESCRIPTION ROAD MAINTENANCE PROJECT NAME: Weippe Road Maintenance PROJECT NUMBER: 42-0150-220-11 SUPERVISORY AREA: Maggie Creek PROJECT LOCATION: Roads throughout the State endowment land ownership north of Lolo Creek within the Maggie Creek Supervisory Area. TREATMENT TYPE: This project will hire a contractor to complete road maintenance work described in the attached work supplement and as needed throughout the Weippe portion of the Maggie Creek Supervisory Area. Work may include, but is not limited to, road grading and other maintenance, road repair, culvert installation and removal, gate and cattle guard installation and maintenance, and barrier installation. PERIOD OF PROJECT: Contract work may commence after the Contractor has received a signed copy of the contract and has had a pre-work conference with the Contracting Officer Representative (COR). All work identified in the FY 2025 Work Supplement must be completed no later than November 30, 2024. MATERIAL/SUPPLIES REQUIREMENTS: Materials and supplies required to complete the work will be supplied by the State or the Contractor will purchase the supplies once authorized by the COR in writing. Examples of supplies that may need to be purchased include culverts, culvert bands or rock. Contractor will submit proof of purchase (receipt) with billing. CONTRACT REQUIREMENTS: 1. Contractor will provide all equipment, fuel and labor necessary to complete this contract as specified in the Schedule A. Mobilization costs will be allowed, one way, up to a maximum of three (3) hours per piece of equipment per approved mobilization. 2. A request for service will be used to add additional projects not listed in the Work Supplement. The request for service will be initiated by the COR in writing. The request will list the work required and estimate supplies and materials needed to complete the project. Additional equipment required and not listed on the Schedule A will be hired at negotiated hourly rates. The request for service will be signed by the Contractor and the COR prior to starting work on the project. The contractor will have three days to respond to the request for service unless additional time is allowed in the request. PAYMENT AND COMPLIANCE: 1. Payment shall be made when work is declared satisfactorily completed by the COR for each project. A payment schedule may be established in writing for larger projects. The Contractor will be notified of any unsatisfactory work and payment will be withheld until all specifications are met. 2. Payment for work will be at the rates specified on the Schedule A. IDL ITB 24-220-420150 29 of 42 WEIPPE ROAD MAINTENANCE 3. Miscellaneous supplies authorized by the COR to be purchased by the contractor will be reimbursed by the State for actual costs. The contractor will submit copies of purchase invoices for all miscellaneous supplies along with the billing. FURTHER INFORMATION: Contact information will be provided in final contract. , IDL ITB 24-220-420150 30 of 42 WEIPPE ROAD MAINTENANCE GENERAL ROAD MAINTENANCE WORK SUPPLEMENT FY2025 (July 1, 2024 – June 30, 2025) PROJECT NAME: Weippe Road Maintenance PROJECT NUMBER: 42-0150-220-11 Approximate work locations are shown on the attached maps. Geographic coordinates for GPS use are available upon request from the Idaho Department of Lands, Maggie Creek Supervisory Area office. An Object ID will be used to track specific work locations. Any additional work agreed upon in a request for service will also be assigned an object ID number by the Contracting Officer Representative (COR). 1. Object ID 01 Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the Lacey Meadows Road for 11.4 miles. This road will be graded two times, once in the spring and once in the fall as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 2. Object ID 02 Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the Swamp Ridge Road for 1.2 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 3. Object ID 03 Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the Miles Creek Road for 4.0 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 4. Object ID 04 Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the East Lacey Loop Road for 2.5 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 5. Object ID 05 IDL ITB 24-220-420150 31 of 42 WEIPPE ROAD MAINTENANCE Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the Browns Ridge Loop Road for 8.6 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 6. Object ID 06 Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the Crane Loop Road for 4.6 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 7. Object ID 07 Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the Crane Meadows Road for 1.4 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 8. Object ID 08 Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the Mosquito Creek Road for 3.7 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 9. Object ID 09 Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the Space Creek Road for 3.9 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 10. Object ID 10 IDL ITB 24-220-420150 32 of 42 WEIPPE ROAD MAINTENANCE Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the South Schlader Loop for 6.1 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 11. Object ID 11 Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the North Schlader Loop for 6.8 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 12. Object ID 12 Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the Ford Hydro Road for 2.1 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 13. Object ID 13 Pull ditch lines, cut out potholes and wash boarding, reshape running surface, rock rake, and clean culvert catch basins on the Fidler Road for 4.0 miles. The road will be graded once in the spring as designated by COR. Supplies Required: none Equipment Required: grader, backhoe, rock rake, water truck 14. Object ID 14 North Schlader Road. Reconstruct subgrade and ditches, clean existing culvert catch basins at locations as designated by the COR in preparation for resurfacing. Haul stock-piled crushed rock from the State owned Grasshopper Pit, then apply and process as designated by the COR. Supplies Required: Approx. 650 cubic yards of 3/4” minus crushed rock – Provided by the State. Equipment Required: grader, excavator, D-8 dozer, water truck, roller, front end loader, dump truck. 15. Object ID 15 IDL ITB 24-220-420150 33 of 42 WEIPPE ROAD MAINTENANCE Miles Creek (approx.. MM 1/2). Remove existing 40” CSP, salvage fill material, install new 40” x 40’ CSP. Compact fill and apply and compact 3/4” minus crushed rock as designated by the COR. Supplies Required: 40” x 40’ CSP, 3/4” minus crushed rock – Rock provided by the State Equipment Required: excavator, grader, roller, dump truck 16. Object ID 16 Fiddler Road. Deepen the two ponds on the Fiddler Road by 5 feet. Dewater the pond, build up dike wall two feet, dig out pond three feet. Supplies Required: none Equipment Required: excavator, water pump, dozer 17. Object ID 17 Construct earthen barricade in spur road that prevents passenger vehicle access, but allows for ATV access at locations designated by the COR. Supplies Required: none Equipment Required: excavator 18. Object ID 18 Install steel gate on Grasshopper Pit Road. Supplies Required: Steel gate – Already provided. Equipment Required: Excavator, gate transport, skilled labor IDL ITB 24-220-420150 34 of 42 WEIPPE ROAD MAINTENANCE Sale Name Initials M/Yr W E IP P E R O A D M A IN T IN A N C E Y E A R : F Y 20 25 P R O JE C T N O : 42 -0 15 0- 22 0- 11 V ic in it y M ap F Highway 11 Weippe, ID R05E R05E R04E R04E R06ER03E R06ER03E T3 6N T3 5N T36N T35N T34N 0 1 2 3 40.5 Miles Legend JRR 11/14/2023 2025 Resurface 2025 Grading Roads Highway County Main Secondary Work Point T3 4N M ap 1 o f 6 IDL ITB 24-220-420150 35 of 42 WEIPPE ROAD MAINTENANCE F Sale Name Initials M/Yr W E IP P E R O A D M A IN T IN A N C E Y E A R : F Y 20 25 P R O JE C T N O : 42 -1 50 -2 20 -1 1 N o rt h M ap 12 345 8 9 10 11 12 1314 151617 20 21 22 23 24 56 7 8 1718 19 20 19 20 21 22 23 24 2526 2728 29 30 32 33 34 35 36 19 20 2930 31 32 Legend JRR 11/14/2023 2025 Resurface 2025 Grading Roads Highway County Main Secondary Rock Pit R04E R04E R05E R05E T35N T3 5N Weippe, ID Hig hw ay 11 18 N or th S ch la de r Lo op South Schlader Loop Space Creek Road Grasshopper Pit Fo rd H yd ro R oa d Musselshell Road Work Point 09 11 10 14 12 0 1 2 3 40.5 Miles T3 6N T36N M ap 2 o f 6 IDL ITB 24-220-420150 36 of 42 WEIPPE ROAD MAINTENANCE F Sale Name Initials M/Yr W E IP P E R O A D M A IN T IN A N C E Y E A R : F Y 20 25 P R O JE C T N O : 42 -1 50 -2 20 -1 1 F id d le r R o ad 12 11 12 123 45 6 7 8 9 10 11 12 1314 23 24 2526 35 36 13141516 1718 19 20 21 22 23 24 2526 2728 2930 31 32 33 34 35 36 Highway 11 Fi dd le r Ro ad State M eadow s Road Miles Creek Road Weippe, ID 3 Mile Road 13 03 0 0.5 1 1.5 2 Miles Legend JRR 11/14/2023 2025 Resurface 2025 Grading Roads Highway County Main Secondary Rock Pit Work Point 16 15 16 R04E R04E T3 5N T35N T34N T3 4N M ap 3 o f 6 IDL ITB 24-220-420150 37 of 42 WEIPPE ROAD MAINTENANCE F Sale Name Initials M/Yr W E IP P E R O A D M A IN T IN A N C E Y E A R : F Y 20 25 P R O JE C T N O : 42 -1 50 -2 20 -1 1 L o w er L ac y 12 34 5 8 9 10 11 12 13 1415 16 17 20 21 22 23 24 6 7 18 19 36 31 Lacy Meadows Road Cr an e L oo p Cra ne Me ado ws Roa d Ro ck C re ek Bro wn s R idg e L oo p Pete and Charlie Pit 17 01 06 07 05 0 0.5 10.25 Miles R05E R05E Legend JRR 11/14/2023 2025 Resurface 2025 Grading Roads Highway County Main Secondary Rock Pit Work Point T3 4N T34N M ap 4 o f 6 IDL ITB 24-220-420150 38 of 42 WEIPPE ROAD MAINTENANCE F Sale Name Initials M/Yr W E IP P E R O A D M A IN T IN A N C E Y E A R : F Y 20 25 P R O JE C T N O : 42 -1 50 -2 20 -1 1 U p p er L ac y 12 11 12 12 34 56 7 8 9 10 11 12 1314 23 24 2526 35 36 13141516 1718 19 20 21 22 23 24 2526 2728 2930 31 32 33 34 35 36 Browns Ridge Loop Lacy M eadow s Road Miles Creek Road Swamp Ridge Road East Lacy Loop W ilson Loop Crane Loop 0 0.5 1 1.5 20.25 Miles Legend JRR 11/14/2023 2025 Resurface 2025 Grading Roads Highway County Main Secondary Rock Pit Work Point 01 02 03 04 05 06 08 17 17 T35N T3 5N T34N R05E R05E R04E R04E T3 4N M ap 5 o f 6 IDL ITB 24-220-420150 39 of 42 WEIPPE ROAD MAINTENANCE Sale Name Initials M/Yr W E IP P E R O A D M A IN T IN A N C E Y E A R : F Y 20 25 P R O JE C T N O : 42 -0 15 0- 22 0- 11 V ic in it y M ap F Highway 11 Weippe, ID R05E R05E R04E R04E R06ER03E R06ER03E T3 6N T3 5N T36N T35N T34N 0 1 2 3 40.5 Miles Legend JRR 11/14/2023 2025 Resurface 2025 Grading Roads Highway County Main Secondary Work Point T3 4N M ap 6 o f 6 IDL ITB 24-220-420150 40 of 42 WEIPPE ROAD MAINTENANCE WEIPPE ROAD MAINTENANCE - ITB 24-220-420150 ATTACHMENT 2-BIDDER QUESTIONS PLEASE DO NOT IDENTIFY YOUR NAME OR YOUR COMPANY’S NAME OR PRODUCT NAMES OF INTELLECTUAL PROPERTY IN YOUR QUESTIONS. ADD ROWS BY HITTING THE TAB KEY WHILE WITHIN THE TABLE AND WITHIN THE FINAL ROW. The following instructions must be followed when submitting questions using the question format on the following page. 1. DO NOT CHANGE THE FORMAT OR FONT. Do not bold your questions or change the color of the font. 2. Enter the solicitation section number that the question is for in the “Solicitation Section” field (column 2). If the question is a general question not related to a specific section, enter “General” in column 2. If the question is in regards to an IDL Contract Term or Condition, state the clause number in column 2. If the question is in regard to an attachment, enter the attachment identifier in column 2, and the attachment page number in column 3. 3. Do not enter text in the “Response” field (column 5). This is for the IDL’s responses only. 4. Once completed, this form is to be e-mailed per the instructions in the solicitation. The e-mail subject line is to state the solicitation number followed by “Questions.” IDL ITB 24-220-420150 41 of 42 WEIPPE ROAD MAINTENANCE 24-220-4230150 – WEIPPE ROAD MAINTENANCE Bidder Questions Solicitation Section Page # Question Response 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 IDL ITB 24-220-420150 42 of 42 WEIPPE ROAD MAINTENANCE