24-00019 -MISSION RIDGE THINNING PROJECT.pdf

WDFW Mission Ridge Timber Sale Layout RFP 24-00019

STATE OF WASHINGTON

DEPARTMENT OF FISH AND WILDLIFE

REQUEST FOR PROPOSALS 24-00019

PROJECT TITLE: TIMBER SALE LAYOUT – MISSION RIDGE THINNING PROJECT

EXPECTED TIME PERIOD FOR CONTRACT: October 8, 2024, through November 15, 2024

ESTIMATED PROCUREMENT SCHEDULE (all times given are for Pacific Time, schedule may be adjusted if necessary):

RFP Release: Friday, August 30, 2024 Optional Pre-Bid Meeting for Questions: September 9, 2024 on-line only 11:00 a.m. PST Optional Pre-Bid Meeting: Tuesday, September 17, 2024, at 9:00 a.m. PST Pre-Bid Meeting Location: Mission Ridge Ski Resort, 7500 Mission Ridge Road, Wenatchee, WA 98801

Bidder Proposals Due (email only): Monday, September 30, 2024, by 5:00 p.m. PST Send Bid Materials to: Deana Luque, WDFW Contracts, deanna.luque@dfw.wa.gov Apparent Successful Bidder(s) Announced: Tuesday, October 1, 2024, by 4:30 p.m.PST.

Pre-work Meeting: Tuesday, October 8, 2024. Time: TBD Performance Period: Tuesday, October 8, 2024, to Friday, November 15, 2024* *Contractor will receive 10% bonus for completing project by October 31, 2024

BIDDER ELIGIBILITY: This procurement is open to those bidders who satisfy the minimum qualifications stated herein and are available for work in Washington State. Disadvantaged, Minority and Women Owned Business Enterprises are encouraged to apply.

For Contracts and Awards with an Estimate Value under $150,000 The Purchaser is issuing this Solicitation pursuant to RCW 39.26. Pursuant to this Solicitation, the Purchaser intends to conduct a competitive procurement to award an Agency Contract estimated to be valued at less than $150,000. Because it is estimated to be less than $150,000, the Purchaser intends to award the contract to the highest SCORED responsive and responsible bid from a Small Business or Veteran-Owned Business, unless none of these businesses are responsible and responsive to this solicitation.

CONTENTS OF THE REQUEST FOR PROPOSAL

1. Scope of Work

2. Mandatory Requirements

3. RFP Coordinator

4. Instructions to Bidders

5. Evaluations and Award Procedures

6. General Provisions

7. Debriefing and Protest Procedures mailto:deanna.luque@dfw.wa.gov

WDFW Mission Ridge Timber Sale Layout RFP 24-00019

8. Exhibits:

Exhibit A Certification and Assurances Exhibit B Bidder Questionnaire Exhibit C Bidder Profile Exhibit D Sample General Terms and Conditions Exhibit E Project Map Exhibit F Leave Tree Marking Prescription

If any bidder does not comply with any part of this RFP their entire proposal may be rejected as non-responsive.

1. SCOPE OF WORK

1.1 Purpose

The purpose of this Request for Proposals (RFP) is to identify a contractor to conduct pre-timber sales layout activities for Washington Department of Fish and Wildlife’s (WDFW) Colockum Wildlife Area.

The Mission Ridge Forest Restoration Project includes WDFW timbered uplands located in part of Section 25 in Township 21 North, Range 21 EWM. As currently planned, the project encompasses approximately 75 acres in 12 units. This includes 9 ground-based units and 3 tether/cable units. See project maps in Exhibit G at the end of this proposal.

1.2 Contractor Tasks

The Contractor will provide the following services under the contract:

a. Stream and Wetland Marking/Typing

• The Contractor will verify stream types on all streams within the project area using protocols described in the most recent Forest Practices Board Manual. This will include streams in the units themselves and streams directly adjacent that could impact unit boundaries. The Contractor will mark stream survey points with blue ribbon provided by the Contractor. Stream locations (for new features or features with a new location) shall be mapped using a handheld GPS device or a geo-referenced mapping app.

• The Contractor will verify wetland types on all wetlands (if any) located within the project area using protocols described in the most recent Forest Practices Board

Manual. This will include wetlands in the units themselves and wetlands directly adjacent that could impact unit boundaries. The Contractor shall mark wetland boundaries with blue ribbon provided by the Contractor. Wetland locations (for new

WDFW RFP 24-00019 Page 3 of 30 features or features with a new location) shall be mapped using a handheld GPS device or a geo-referenced mapping app.

• As stream and wetland typing is completed, the Contractor shall provide the WDFW

Contract Administrator with legible electronic copies of field maps and survey notes for approval.

• Concurrently, Contractor will submit stream/wetland edge shape files electronically to the WDFW Contract Administrator.

• Once approved, the Contractor will electronically submit Water Type Classification

Worksheets and maps (using most recent forms) to the WDFW Contract

Administrator for approval.

b. Unit Boundary Layout and Mapping

• The Contractor will mark unit boundaries with pink ribbon provided by the

Contractor.

• The Contractor shall ensure that appropriate Riparian Management Zone (RMZ) and

Wetland Management Zone (WMZ) buffers are applied to all typed streams and wetlands as per guidelines in the most recent Forest Practices Board Manual.

• The contractor shall insure that all Forest Practices rule defined unstable slope features (bedrock hollows, inner gorges, converging headwalls, toes of deep-seated landslides, etc.,) have been identified and have been appropriately buffered.

• Concurrently, the Contractor shall map each unit using a handheld GPS or geo-referenced mapping software unit and provide a shape file via email to the WDFW

Contract Administrator.

• The contractor will provide a map of completed unit(s) to the WDFW Contract

Administrator for approval.

c. Timber Marking

• The contractor shall mark leave trees in both units using thinning prescription criteria provided by the WDFW Contract Administrator (See Exhibit F).

• The contractor will use orange tree marking paint.

• The contractor will supply tree marking paint and painting supplies to complete the project.

• All contractors and sub-contractors involved with marking leave trees must be certified in writing by the WDFW Contract Administrator prior to marking leave trees.

• Leave tree marking will be required for the entire project area, currently estimated at

75 acres.

WDFW RFP 24-00019 Page 4 of 30

d. Timber Cruising

• The Contractor will cruise each unit separately, using variable plot sampling techniques for trees greater than or equal to 6” dbh. Viable regeneration, for trees greater than 4’ height and less than 6” dbh, will be cruised using fixed radius plot techniques. After locating plot center, spin both variable and fixed plots from a north starting point and spinning in a clockwise direction.

• The Contractor shall mark plot center of each plot (stake, sturdy stick, etc.) and tie a ribbon around the marker (any color other than pink, orange or blue). Another ribbon (plot identifier ribbon) shall be tied at eye level (using the same color) as close to plot center as possible. At a minimum, the identifier ribbon shall include the plot number. The Contractor shall provide the ribbon used for cruising and notify the

Contract Administrator of the color to be used.

• For variable plots, the Contractor shall determine the appropriate Basal Area Factor

(BAF) that will achieve an average of 5 merchantable sample trees per plot. For the purpose of this cruise, a merchantable tree will be defined as any tree, conifer or hardwood, with a minimum diameter of 6” Diameter at Breast Height (DBH).

• For fixed radius plots, the Contractor shall choose a plot radius that will achieve an average of 5 trees per plot greater than 4’ height and less than 6” dbh.

• Information to be collected at each variable cruise plot will include:

o Species for all trees o DBH to 0.1” diameter classes for all trees o Tree status (Cut, Leave, Wildlife Reserve Tree (WRT), short snag, or natural snag) for all trees.

o Total height of first tree of each species for measure trees with a “cut” status.

o Form class for first tree of each species for measure trees with a “cut” status.

o Standard Eastern Washington sort/grade information for each log segment with a cut status using variable log lengths. Minimum dbh 6”. Minimum log length 12’.

Minimum scaling diameter 5” for sawlogs and 2” for pulp wood on measure trees.

o Estimated visual defect (using % defect) for each log segment of measure sawlog trees with a “cut” status.

• Information to be collected at each fixed radius plot will include:

o Species o DBH to 1” diameter classes o Tree count and average height for each species and diameter class

• The cruise shall be designed with a goal of achieving a limit of error of 10% or less for the total volume.

WDFW RFP 24-00019 Page 5 of 30

• On a weekly or unit basis, the contractor shall submit legible electronic copies of the geo-referenced cruise map and plot data for each unit (variable and fixed radius) to the WDFW Contract Administrator for check cruising purposes.

• The WDFW Contract Administrator reserves the right to check cruise up to 10% of the plots.

• The Contractor is expected to prepare a final cruise report, submitted electronically to the WDFW Contract Administrator, that shall include the following information:

o Scribner volume by species and top (scaling) diameter splits for saw log sorts for trees with cut tree status in each unit. Saw log top diameter splits include 5”-8”, 8”-11” and 12” +.

o Tonnage volume by species for sawlog and pulp wood sorts for each unit for trees with cut tree status.

o Basal area per acre by species and status for each unit.

o Trees per acre by species, diameter class and status for each unit.

o QMD by species and status for each unit.

o Stand table by species and status with volume by 2” diameter classes for each unit.

o Stand statistics for each unit.

o A brief narrative for each unit (1 page or less) describing stand conditions, species composition and forest health concerns.

o At least 1 photo for each unit that is representative of the stand. Show the location of the photo on the geo-referenced cruise map.

e. Road Assessment and Mapping

• The Contractor shall flag the center line of all existing spur roads requiring reconstruction with orange ribbon provided by the Contractor. The Contractor shall use a GPS device or geo-referenced mapping software to create a shape file for each existing spur road requiring reconstruction. This will only be required for those roads needed for the logging operation that have been approved by the WDFW Contract

Administrator.

• The Contractor shall flag the center line of all new construction roads (if any) required to access the unit(s) using orange ribbon provided by the Contractor. The

Contractor shall use a GPS device or geo-referenced mapping software to create a shape file for each new spur road.

• The Contractor shall mark locations of required road improvement features with 2 orange ribbons on either side of the road right-of-way describing the improvement

(start or end brushing, start or end ditching or ditch clean out, start, or end grading, install pipe, etc.). If a culvert is to be installed, the Contractor will provide

WDFW RFP 24-00019 Page 6 of 30 measurements (diameter and length) using Forest Practice protocols. The Contractor shall use a GPS device or geo-referenced mapping software to create a shape file for each feature.

• The Contractor shall provide a summary list and GPS points of required road improvement features for each road (brushing, ditch pulling, grading, pipe installations, etc.) for all reconstruction and new construction roads.

• Only those roads necessary for operational and log hauling need to be mapped and assessed.

• The contractor shall provide road shape files electronically to the Contract

Administrator for verification and approval.

• The contractor shall submit a road map electronically showing the roads assessed and mapped for each unit.

2. MANDATORY QUALIFICATIONS

2.1 Required Knowledge and Skills

Vendors submitting a proposal under this RFP must demonstrate that they meet the following minimum qualifications:

a. Contractor staff proposed by Vendors must have at least five (5) years of professional timber cruising experience in the State of Washington, including knowledge of cruising and forest mensuration techniques. The contractor must also understand Eastern Washington grade, sort and defect scaling rules.

b. Contractor staff proposed by Vendors must have at least five (5) years of experience in timber sale layout including stream typing, wetland typing, identifying unstable slopes, locating unit boundaries, road layout, and using Global Positioning System (GPS) equipment and/or geo-referenced mapping software to map and mark timber sale features.

c. Vendor must be licensed to do business in the State of Washington.

3. RFP COORDINATOR

The RFP Coordinator is the sole point of contact in the WDFW for this procurement. All communication between bidders and WDFW upon receipt of this RFP shall be with the RFP Coordinator, as follows:

Name: Deanna Luque Office: Washington Department of Fish and Wildlife

Contracts

Telephone: (360) 902-8358

E-mail: Deanna.luque@dfw.wa.gov mailto:Deanna.luque@dfw.wa.gov

WDFW RFP 24-00019 Page 7 of 30

4. INSTRUCTIONS TO BIDDERS

All required documents must be submitted to the RFP Coordinator by e-mail by the times and dates in this RFP. Bidders are responsible for the means of delivery of all documents to ensure receipt by the RFP Coordinator by the required dates and times.

4.1 Proposal Contents

All bids submitted in response to this RFP shall consist of the following documents:

a. Exhibit A, Certification and Assurances, signed by a person authorized to bind you or your organization to a contract.

b. Exhibit B, Bidder Questionnaire, completed by your organization and including a current resume’ for any proposed Vendor staff; and

c. Exhibit C, Bidder Profile, completed by your organization.

4.2 Proposal Format

One copy of the complete proposal must be submitted by the Vendor to the RFP Coordinator electronically using Microsoft Word, Excel or portable document format (pdf). Any documents which require an official signature should be submitted in pdf.

4.4 Proprietary Information

Clearly mark any portion(s) of your proposal which contains proprietary information. You may not mark the entire proposal as proprietary. If your proposal is successful, and WDFW receives a request to view or copy your proposal, WDFW shall respond according to public disclosure procedures described in this RFP. However, if any information in your proposal is marked as proprietary, WDFW shall not make that portion available without giving you an opportunity to seek a court order preventing disclosure.

4.5. Pre – Bid Meeting

An optional pre-bid conference to address procurement requirements will be held at the Mission Ridge Ski Resort on Tuesday, September 17, 2024, at 9:00 a.m. PST. While attendance is not mandatory, Vendors are encouraged to attend and actively participate. If interpretations, specifications, or other changes to the Solicitation are required as a result of the conference, the Procurement Coordinator will issue an amendment that will be posted on WEBS.

Eligible Bidder’s Questions:

There will be an opportunity for bidders to ask questions about the RFP before submitting their bid.

Questions must be submitted by email to the RFP Coordinator at deanna.luque@dfw.wa.gov no later than September 9, 2024, by 5:00 PM. WDFW will reply to questions on or about September 13, 2024, by 5:00 PM. Only responses received in writing from the RFP Coordinator will be considered official and binding.

WDFW RFP 24-00019 Page 8 of 30

Pre-bid Conference (online only) and Vendor Questions: Bidders wishing to submit a proposal for this procurement may attend an optional Pre-Bid Conference (online only) on Monday, September 9, 2024, from 11 A.M. to 12 P.M., local Olympia WA time. This conference will be held virtually via a Microsoft Teams meeting; the link to this meeting is below:

Join the meeting now Meeting ID: 286 278 382 289

Passcode: aeX2wC

Dial in by phone

+1 564-999-2000,,296206048# United States, Olympia

(833) 322-1218,,296206048# United States (Toll-free)

Find a local number

Phone conference ID: 296 206 048#

4.6 Delivery of Proposals

Send complete proposal to the RFP Coordinator at the email address specified in Section 3 of this RFP. Email transmission is required.

Proposals must be received by the RFP Coordinator no later than 5:00 p.m., PST, on Monday, September 30, 2024. Late proposals will not be accepted and shall automatically be disqualified from further consideration.

WDFW assumes no responsibility for delay in transmission of proposals. WDFW will use the “time stamp” on the email as the official time of receipt. Time extensions will not be granted.

tel:+15649992000,,296206048 tel:8333221218,,296206048 https://dialin.teams.microsoft.com/811a9140-4f87-4b3b-b4e5-c0df12d33f3f?id=296206048

WDFW RFP 24-00019 Page 9 of 30

4.7 Procurement Complaint Process

Vendors considering submitting a bid or proposal in response to any request for bids, request for qualifications, request for proposals or any solicitation for goods and services under RCW

39.26 may submit complaints regarding a particular solicitation to the WDFW solicitation point of contact. Vendors may submit a complaint on the following for any solicitation:

• The solicitation unnecessarily restricts competition;

• The solicitation evaluation or scoring process is unfair or flawed; or

• The solicitation requirements are inadequate or insufficient to prepare a response.

All complaints submitted under this process must:

• Be in writing.

• Be received by the WDFW solicitation point of contact by e-mail not later than five business days before the vendor’s response to a solicitation is required to be submitted to WDFW.

• Clearly articulate the basis for the complaint; and

• Include a proposed remedy.

WDFW will respond to complaints in writing and post the response (and any changes to the solicitation required by the response) on WEBS. Vendors may not appeal the response or raise the same complaint during any protest period.

4.8 Washington’s Electronic Business Solution (WEBS)

Bidders are solely responsible for:

• Properly registering with Washington’s Electronic Business Solution (WEBS) at www.des.wa.gov , and maintaining an accurate Vendor profile in WEBS.

• Downloading the RFP packet consisting of the RFP, all Appendices, and incorporated documents related to the RFP for which you are interested in Bidding.

• Downloading all current and subsequent Amendments to the RFP to ensure receipt of all RFP documents.

http://www.des.wa.gov/

WDFW RFP 24-00019 Page 10 of 30

Notification of Amendments to the RFP will only be provided to those vendors who have registered with WEBS and have downloaded the RFP from WEBS. Failure to do so may result in a Bidder having incomplete, inaccurate, or otherwise inadequate information and Bid.

5. EVALUATION AND AWARD PROCEDURES

5.1 Evaluation Team

A team will be formed to evaluate proposals. The team will be composed of individuals with technical and/or financial backgrounds. WDFW will evaluate the proposals for compliance with procedural requirements.

5.2 Information Used For Evaluation

The evaluation team will use the information in the Bidder Questionnaire, sample work product, information gathered from Bidder’s references and cost proposal. No other information will be supplied to or used by the evaluation team. The following weighting and points will be assigned to the bid for evaluation purposes:

Vendor staff qualifications/experience 10% Project Approach/Methodology 5% Work Plan and Deliverables 5% Vendor references 10%

Cost Proposal 70% Total Proposal 100%

5.3 Evaluation Steps

a. Preliminary Screening. WDFW staff shall review Bidders’ Questionnaires and Quotations for compliance with RFP procedural instructions. Non-responsive Questionnaires and Quotations will be eliminated from further evaluation.

b. Review of Mandatory Requirements/Qualification Points. The evaluation team will determine whether Bidders’ responses to the mandatory requirements are adequate. A response to all questions in the Bidder Questionnaire/ References, Exhibit B, is required.

Non-responsive Questionnaires and Quotations will be eliminated from further evaluation. The raw score for the Qualifications is based on a point system that will be scored by the evaluation team.

c. Cost Proposal Points. The raw score for the Cost Proposal is computed by dividing the amount of the lowest quote by the bidder’s Cost Proposal.

WDFW RFP 24-00019 Page 11 of 30

d. Reference Checks. References will be checked for highest scoring bidder(s) by contacting each of the required reference provided by the bidder, by telephone. Bidders whose references cannot be verified will be contacted and allowed one (1) day to arrange for reference verification.

e. Optional Interview. Reviewers will use scores from the written proposals to develop a priority ranking of proposals and make a determination if interviews will be necessary.

The Interview, if necessary, will make the final decision for award of contract.

5.4 Action of Equivalent Scores

If two or more proposals receive equivalent scores, WDFW may, at its sole discretion, select as the apparently successful bidder the proposal that is in WDFW’s best interest. Equivalent scores are scores separated by 5% of the total points available.

5.5 Selection of Apparently Successful Bidder

WDFW staff will compile the scores for qualified Bidders. The Bidder with highest score will be named the Apparently Successful Bidder, unless scores equivalent to the highest score are received by one or more bidders. In that case, WDFW may select the Apparently Successful Bidder in the manner stated above (as indicated in 5.4).

5.6 Notice of Award and Contract Signature

WDFW will notify all bidders via WEBS of the selection of Apparently Successful Bidder.

6. GENERAL PROVISIONS

6.1 Public Disclosure

Proposals shall become the property of WDFW. All public records of the WDFW are available for disclosure except: “Competitive procurement instruments, such as a request for proposals or an invitation for bids, prior to the release to potential respondents/bidders; proposals and bids received in response to competitive contract procurement instruments until either the public response to the competitive contract procurement instruments until either the opening of bids or, for proposals, the contractor and the department have signed the contract.”

WDFW will not disclose RFP records until execution of the contract(s). At that time, all information about the competitive procurement is disclosable with the exception of the portion(s) of the any proposal designated proprietary until the respondent/bidder has an adequate opportunity to seek a court order preventing disclosure.

WDFW may charge for copying and shipping any copies of material requested – contact WDFW for estimate of cost. WDFW will not charge a fee for inspection of RFP or contract files.

Address requests for copying or inspecting materials to the RFP Coordinator.

WDFW RFP 24-00019 Page 11 of 29

6.2 Costs for Proposal Preparation

WDFW will not be liable for any costs or liabilities incurred by the Bidder associated with the preparation of the proposal in response to this RFP.

6.3 Waiver of Minor Irregularities

WDFW reserves the right to waive minor irregularities contained in any proposals submitted in response to this RFP.

6.4 Right to Reject All Proposals

WDFW may, at any time at its sole discretion and without penalty, reject any and all proposals and issue no contract as a result of this RFP.

6.5 Authority to Bind WDFW

Only the Director of WDFW and his/her designated representatives may legally commit WDFW to contracts. The Bidder shall not incur, and WDFW shall not pay, any costs incurred before a contract is fully executed.

6.6 Contract Terms

The Apparently Successful Bidder will be required to sign a contract which contains general terms and conditions substantially the same as those included with this RFP as Exhibit D. The contract will also incorporate this RFP and the successful proposal.

7. DEBRIEFING AND PROTEST PROCEDURES

7.1 Debriefing of Unsuccessful Proposers

Bidders that have submitted a proposal that was not selected will be given the opportunity for a debriefing conference. The request for a debriefing conference must be received by the RFP Coordinator within three (3) business days after the Notification of Unsuccessful Consultant award letter is faxed to the Consultant. The debriefing must be held within three (3) business days of the request.

Discussion will be limited to a critique of the requesting Consultant’s proposal. Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

7.2 Protest Procedures

RCW 39.26.170 requires WDFW to have a clear and transparent complaint process that allows bidders to submit protests after the announcement of the apparent successful bidder (ASB).

The purpose of this process is to allow WDFW to correct evaluation process errors and problems before a contract is executed. After the announcement of the ASB, the WDFW solicitation point of contact must offer a debriefing conference to any bidder upon request.

Bidders must request a debriefing conference within three (3) business days after the ASB is announced. In order to submit a protest for a solicitation:

WDFW RFP 24-00019 Page 12 of 30

• The bidder must have submitted a response for that solicitation;

• The bidder must have participated in a debriefing conference for that solicitation;

• The protest must be received by the WDFW solicitation point of contact by e-mail or letter within (5) business days after the bidder’s debriefing conference; and

• The protest must be in writing and clearly articulate the basis for the protest.

Bidders may submit a protest on the following issues for a solicitation:

• A matter of bias, discrimination, or conflict of interest on the part of an evaluator;

• Errors in computing the scores; or

• Non-compliance with procedures described in the procurement document or agency protest process.

The WDFW Chief Financial Officer is responsible for investigating and responding to the protest in writing within 10 business days from receipt of the protest, unless additional time is needed.

If additional time is needed the WDFW Chief Financial Officer will notify the protesting bidder within 10 business days from receipt of the protest. The WDFW Chief Financial Officer’s decision regarding a protest is final.

8. RFP EXHIBITS

Exhibit A Certification and Assurances Exhibit B Bidder Questionnaire Exhibit C Bidder Profile Exhibit D Sample General Terms and Conditions Exhibit E Specifications Exhibit F Pre-Bid Meeting Directions Exhibit G Project Maps

WDFW RFP 24-00019 Page 13 of 30

Exhibit A

CERTIFICATIONS & ASSURANCES

We make the following certifications and assurances as a required element of submitting this

Bid, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the RFP are conditions precedent to the award or continuation of the resulting Contract.

1. We have read, understand, and agree to abide by all information contained in the RFP, all Appendices, and incorporated documents.

2. The prices in this Bid have been arrived at independently, without engaging in collusion, bid rigging, or any other illegal activity, and without for the purpose of restricting competition any consultation, communication, or agreement with any other Bidder or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered. The prices in this Bid have not been and will not be knowingly disclosed by the Bidder, directly or indirectly, to any other Bidder or competitor before Contract award unless otherwise required by law. No attempt has been made or will be made by the Bidder to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. However, we may freely join with other persons or organizations for the purpose of presenting a

Bid.

3. The attached Bid is a firm offer for a period of 90 days following the Bid Due Date specified in the RFP, and it may be accepted by WDFW without further negotiation

(except where obviously required by lack of certainty in key terms) at any time within the 90-day period. In the case of a protest, our Bid will remain valid for 90 days or until the protest and any related court action is resolved, whichever is later.

4. In preparing this Bid, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to the state's RFP, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Bid. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. We understand that the state will not reimburse us for any costs incurred in the preparation of this Bid. All Bids become the property of the state, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Bid.

Submittal of the attached Bid constitutes an acceptance of the evaluation criteria and an

WDFW RFP 24-00019 Page 14 of 30 agreement to abide by the procedures and all other administrative requirements described in the RFP.

6. We understand that any Contract awarded as a result of this Bid will incorporate all RFP requirements. Submittal of a Bid and execution of this Certifications and Assurances document certify our willingness to comply with the Contract terms and conditions appearing in the RFP, all Appendices, and incorporated documents if selected as a

Contractor. It is further understood that our standard Contract will not be allowed as a replacement for the terms and conditions appearing in the RFP, all Appendices, and incorporated documents of this RFP.

7. By submitting this Bid, Bidder hereby offers to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this RFP.

8. We are not submitting any exceptions.

9. That neither the Bidder nor its “principals” (as defined in 49 CFR 29.105) are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

Signature of Proposer

Title Date

Company Name

Company Address

Telephone Email

WDFW RFP 24-00019 Page 15 of 30

Exhibit B

BIDDER QUESTIONNAIRE

1. Staff Qualifications/Experience

a. Identify Vendor staff, including subcontractors, who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel, and include the amount of time each will be assigned to the project.

b. Described the proposed Vendor staff’s experience in providing timber cruising services within the State of Washington, including knowledge of cruising and forest mensuration techniques including measurement and marketability by species, grade and defect.

c. Described the proposed Vendor staff’s experience in timber sale layout including boundary/road location and using global positioning system tools to map and mark real property in preparation for timber sales.

The Contractor is responsible to ensure that proposed Vendor staff are committed and available until the completion of the Contract. Any proposal by the Contractor for changes, replacement, or substitution of contract staff during the duration of the Contract must be submitted to WDFW. WDFW shall have the sole discretion to accept or reject such proposal. In no event shall such changes in Vendor staff take effect without WDFW’s written consent.

2. Project Approach/Methodology

Include a complete description of the Vendor’s proposed approach and methodology for the project. This section should convey the Vendor’s understanding of the proposed project.

3. Work Plan and Deliverables Provide a workplan/deliverables for this project. Include all project requirements and the proposed tasks, services, activities, etc. necessary to accomplish the scope of the project defined in this RFP. This section must contain sufficient detail to convey to members of the evaluation team the Vendor’s knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of WDFW staff. The Vendor may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation. Fully describe deliverables to be submitted under the proposed contract.

WDFW RFP 24-00019 Page 16 of 30

4. Cost Proposal

Please provide a cost proposal for each of the following tasks required by this RFP. Please ensure that all costs associated with each task are included in the cost proposal, including any administrative overhead and travel costs:

a. Stream and Wetland Typing/ Mapping

b. Unit Boundary Layout and Mapping

c. Timber Marking

d. Timber Cruising

e. Road Assessment and Mapping

Costs for subcontractors are to be broken out separately. Please note if any subcontractors are certified by the Office of Minority and Women’s Business Enterprises.

WDFW reserves the right to contract for any combination of tasks proposed by the Contractor based on WDFW’s budget and the amount of funds available for work.

WDFW RFP 24-00019 Page 17 of 30

Exhibit C

BIDDER PROFILE

COMPANY INFORMATION (for Contract administration purposes)

Company Name & Address: Authorized Representative:

Phone:

Email:

Ordering Address: Payment Address:

Federal Tax Identification Number

WA Dept. of Revenue Registration Number

WA Statewide Vendor Payment Number

REFERENCES

Provide a minimum of three (3) commercial or government references for which Bidder has delivered goods and/or services similar in scope as described in the RFP.

1. Customer:

Contact:

2. Customer:

3. Customer:

WDFW RFP 24-00019 Page 18 of 30

Exhibit D

SAMPLE GENERAL TERMS AND CONDITIONS

DEFINITIONS

As used throughout this contract, the following terms shall have the meaning set forth below:

A. "AGENCY" shall mean the Washington Department of Fish and Wildlife (WDFW), any division, section, office, unit or other entity of the AGENCY, or any of the officers or other officials lawfully representing that AGENCY.

B. "AGENT" shall mean the Director, and/or the delegate authorized in writing to act on the Director's behalf.

C. “CFR” shall mean the Code of Federal Regulations of the United States. All references in the contract to CFR titles or sections shall include any successor, amended or replacement regulation.

D. "CONTRACTOR" shall mean that firm, provider, organization, individual or other entity performing service(s) under this contract, and shall include all employees of the CONTRACTOR.

E. “RCW” shall mean the Revised Code of Washington. All references in the contract to RCW chapters or sections shall include any successor, amended or replacement statutes.

F. "SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who is performing all or part of those services under this contract under a separate contract with the CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" means SUBCONTRACTOR(s) in any tier.

ACCESS TO DATA

In compliance with RCW 39.26.180, the CONTRACTOR shall provide access to data generated under this contract to AGENCY, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the CONTRACTOR’S reports, including computer models and methodology for those models.

ADVANCE PAYMENTS PROHIBITED

No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the AGENCY.

AMENDMENTS

This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.

AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The CONTRACTOR must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.

WDFW RFP 24-00019 Page 19 of 30

ASSIGNMENT

Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the CONTRACTOR without prior written consent of the AGENCY.

ATTORNEYS’ FEES

In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs.

CONFIDENTIALITY/SAFEGUARDING OF INFORMATION

The CONTRACTOR shall not use or disclose any information concerning the AGENCY, or information that may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the AGENCY, or as may be required by law.

CONFLICT OF INTEREST

Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by the AGENT that there is a violation of the Ethics in Public Service Act, Chapter

42.52 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract.

In the event this contract is terminated as provided above, the AGENCY shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of the AGENCY provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the AGENT makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this contract.

COPYRIGHT PROVISIONS

Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCY. The AGENCY shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY effective from the moment of creation of such materials.

Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights.

For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR hereby grants to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCY.

WDFW RFP 24-00019 Page 20 of 30

The CONTRACTOR shall exert all reasonable effort to advise the AGENCY, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract.

The AGENCY shall receive prompt written notice of each notice or claim of infringement received by the CONTRACTOR with respect to any data delivered under this contract. The AGENCY shall have the right to modify or remove any restrictive markings placed upon the data by the CONTRACTOR.

COVENANT AGAINST CONTINGENT FEES

The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for securing business.

The AGENCY shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

DISALLOWED COSTS

The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors.

DISPUTES

Except as otherwise provided in this contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with AGENT.

1. The request for a dispute hearing must:

▪ Be in writing;

▪ State the disputed issue(s);

▪ State the relative positions of the parties;

▪ State the CONTRACTOR’S name, address, and contract number; and

▪ Be mailed to the AGENT and the other party’s (respondent’s) contract manager within 3 working calendar days after the parties agree that they cannot resolve the dispute.

2. The respondent shall send a written answer to the requester’s statement to both the agent and the requester within 5 working calendar days.

3. The AGENT shall review the written statements and reply in writing to both parties within 10 working days. The AGENT may extend this period if necessary by notifying the parties.

4. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.

Nothing in this contract shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution method in addition to the dispute resolution procedure outlined above.

DUPLICATE PAYMENT

The AGENCY shall not pay the CONTRACTOR, if the CONTRACTOR has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses.

WDFW RFP 24-00019 Page 21 of 30

FILING REQUIREMENT

This contract may be required to be filed with the Department of Enterprise Services (DES). No contract required to be so filed is effective and no work shall be commenced nor payment made until ten (10) business days following the date of filing and until approved by DES. In the event DES fails to approve the contract, the contract shall be null and void.

FINAL INVOICE

The CONTRACTOR shall submit the final invoice not later than 60 calendar days from the end of the contract period.

GOVERNING LAW

This contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.

INDEMNIFICATION

To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and hold harmless State, agencies of State and all officials, agents and employees of State, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. “Claim,” as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom.

The CONTRACTOR’S obligations to indemnify, defend, and hold harmless includes any claim by the CONTRACTORS’ agents, employees, representatives, or any subcontractor or its employees.

The CONTRACTOR expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to the CONTRACTOR’S or any subcontractor’s performance or failure to perform the contract. The CONTRACTOR’S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials.

The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees.

INDEPENDENT CAPACITY OF THE CONTRACTOR

The parties intend that an independent contractor relationship will be created by this contract. The CONTRACTOR and his or her employees or agents performing under this contract are not employees or agents of the AGENCY. The CONTRACTOR will not hold himself/herself out as or claim to be an officer or employee of the AGENCY or of the State of Washington by reason hereof, nor will the CONTRACTOR make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the CONTRACTOR.

WDFW RFP 24-00019 Page 22 of 30

INDUSTRIAL INSURANCE COVERAGE

The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees, as may be required by law, AGENCY may collect from the CONTRACTOR the full amount payable to the Industrial Insurance accident fund. The AGENCY may deduct the amount owed by the CONTRACTOR to the accident fund from the amount payable to the CONTRACTOR by the AGENCY under this contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the CONTRACTOR.

INSURANCE

The CONTRACTOR shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the CONTRACTOR or subcontractor, or agents of either, while performing under the terms of this contract.

The CONTRACTOR shall provide insurance coverage, which shall be maintained in full force and effect during the term of this contract, as follows:

1. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, the CONTRACTOR is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts.

2. Automobile Liability. In the event that services delivered pursuant to this contract involve the use of vehicles, either owned or unowned by the CONTRACTOR, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage.

3. The insurance required shall be issued by an insurance company/ies authorized to do business within the state of Washington, and shall name the state of Washington, its agents and employees as additional insureds under the insurance policy/ies. All policies shall be primary to any other valid and collectable insurance. CONTRACTOR shall instruct the insurers to give AGENCY thirty (30) calendar days advance notice of any insurance cancellation.

The CONTRACTOR shall submit to AGENCY within fifteen (15) calendar days of the contract effective date, a certificate of insurance that outlines the coverage and limits defined in this section. The CONTRACTOR shall submit renewal certificates as appropriate during the term of the contract; the failure of the AGENCY to enforce this term in no way reduces the CONTRACTOR’s responsibilities under this section.

LICENSING, ACCREDITATION AND REGISTRATION

The CONTRACTOR shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this contract.

LIMITATION OF AUTHORITY

Only the AGENT or AGENT’S delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENT.

WDFW RFP 24-00019 Page 23 of 30

MINORITY, WOMEN AND VETERAN-OWNED BUSINESSES

The AGENCY encourages participation by minority and women-owned business enterprises certified by the Office of Minority and Women’s Business Enterprises (OMWBE); and veteran-owned businesses certified by the Department of Veteran’s Affairs (DVA). If any part of this contract is subcontracted to an OMWBE or DVA-certified firm the CONTRACTOR shall submit a statement of participation indicating what OMWBE or DVA certified firm was used and the dollar amount of their subcontracts.

NONCOMPLIANCE WITH NONDISCRIMINATION LAWS

In the event of the CONTRACTOR'S non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the AGENCY. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance.